Ken Simons has posted to SSRN Understanding and Justifying Tort Law’s Intent Doctrines, a paper he will present at Southwestern next week. The abstract provides:
This paper carefully and thoroughly explores tort law’s intent doctrines and considers the extent
Marin Roger Scordato has published After the Realist Revolution: Judicial Lawmaking in an Age of Instrumentalist Common Law Jurisprudence with Cambridge University Press. The blurb provides:
After the Realist Revolution extends the existing academic study of American common law into
Greg Keating has posted to SSRN Seven Critics. The abstract provides:
This article responds to seven Comments on my book, Reasonableness and Risk: Right and Responsibility in the Law of Torts (Oxford, 2022). Inter alia, the comments question whether,
Ellie Bublick and John Goldberg have posted to SSRN the introduction to their forthcoming volume, A Research Agenda for Tort Law. The abstract provides:
Tort law is a dynamic body of doctrine that both shapes, and is shaped by, technological,
Kumaralingam Amirthalingam has published Medical Negligence and the Duty to Advise with Hart Publishing. The blurb provides:
This book argues that patient autonomy and medical negligence make for strange bedfellows. The emphasis on autonomy has distorted orthodox negligence principles, contributing
On March 27, the Wake Forest Law Review’s spring symposium is devoted to the exceptional Mike Green. Entitled Injury,Insight, and Influence: Celebrating the Work of Professor Michael Green, the flyer is attached.
At JOTWELL, Linda Mullenix reviews Michael Solimine & Hailey Martin’s Judicial Review of Settlements Under the Class Action Fairness Act and Deference Due to the Department of Justice and State Attorneys General.
Gregory Dickinson has posted to SSRN Section 230 and Social Media Immunity. The abstract provides:
Section 230 of the Communications Decency Act is often credited—only slightly hyperbolically—with having “created the internet.” It did so by insulating online intermediaries from
Long-time readers know that I have an affection for covering the heart balm torts, though not the torts themselves. The heart balm torts used to be common, but are now down to about six jurisdictions, with alienation of affection
At JOTWELL, Greg Keating reviews Jordan Wallace-Wolf’s A Novel Tort Duty for Platforms that Immediately Produce Real World User Interactions.