Carl Bogus has posted to SSRN Why New York Times v. Sullivan Must Be Preserved. The abstract provides:
New York Times v. Sullivan is under siege. Supreme Court justices and eminent members of the legal academy argue that its core
TortsProf Blog
Editor: Christopher J. Robinette
The TortsProf Blog, published by the Law Professor Blogs Network, focuses on developments and scholarly discussions in tort law and compensation systems. It covers topics such as liability doctrines, private nuisance, structural defects in legal frameworks, and emerging issues like civil liability related to artificial intelligence and deepfakes. The blog also highlights academic conferences and awards in the field, providing insights into both theoretical and practical aspects of tort law. It serves as a platform for law professors and legal scholars to analyze and debate current trends, case law, and policy implications within torts and related areas.
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Engstrom & Herman: An FTCA Field Guide for Minnesota
Nora Freeman Engstrom & Malka Herman have posted to SSRN From State Tort to Federal Liability: An FTCA Field Guide for Minnesota Practitioners. The abstract provides:
This Practitioners’ Guide offers a practical roadmap for Minnesota attorneys seeking to bring…
Stier on Reviewing Punitive Damage Awards
Byron Stier has posted to SSRN Judicial Review of Individual Punitive Damage Awards in Light of Aggregate Punitive Damages. The abstract provides:
Over more than three decades of reviewing punitive damages awards for due process, the United States Supreme…
Abraham on the Structure of Insurance Law
Ken Abraham has posted to SSRN The Structure of Insurance Law. The abstract provides:
In this Article I provide an account of the conceptual and doctrinal structure of insurance law, defining “structure” as the consistent arrangement and organization of…
R(3): Remedies Approved
At the ALI’s Annual Meeting in Washington, D.C., the membership approved the Restatement (Third) of Torts: Remedies. The ALI announced the approval on its website.
Parikh on Mass-Tort Voting
Samir Parikh has posted to SSRN Mass-Tort Voting Takes Center Stage. The abstract provides:
Resolution of mass torts is an arduous process that invariably commoditizes claimants, turning them into inventory. After years of being ignored, however, claimants presumably regain…
JOTWELL Torts: Swan on Rodríguez-Blanco on Negligence Theory
At JOTWELL, Sarah Swan reviews Verónica Rodríguez-Blanco’s Responsibility for Negligence in Ethics and Law: Aspiration, Perspective, and Civic Maturity.
Freeman Engstrom et al. on Sealing Orders in Federal Courts
Nora Freeman Engstrom and others have posted to SSRN [Sealed Document]: An Empirical Study of Sealing Orders in the Federal Courts. The abstract provides:
American courts have long embraced the principle that judicial records should be presumptively public. Public…
Levine on Psychotherapist Duty to Warn Law in Georgia
Jan Levine has posted to SSRN Putting an End to Protective Privilege: Georgia Should Recognize the Psychotherapist’s Duty to Warn. The abstract provides:
This article addresses several anomalies and problems with Georgia’s law concerning the duty a psychotherapist has…
Abrams on a Post-Dobbs Standard of Care Crisis
Jamie Abrams has posted to SSRN Legal Representation Deserts Compound a Post-Dobbs Standard of Care Crisis. The abstract provides:
Personal injury firms systematically exclude pregnant people from web content describing birth injury legal representation, creating legal gaps that compound…