Topic
Strict Liability
146 published works
Global Policy Watch
European Parliament Study Recommends Strict Liability Regime for High-Risk AI Systems
By Anna Sophia Oberschelp de Meneses, Louise Freeman, Dan Cooper
On July 24, 2025, the European Parliament (EP) published a study entitled Artificial Intelligence and Civil Liability – A European Perspective. The study considers some of the EU’s existing and…
Inside Privacy
European Parliament Study Recommends Strict Liability Regime for High-Risk AI Systems
By Anna Sophia Oberschelp de Meneses, Louise Freeman, Dan Cooper
On July 24, 2025, the European Parliament (EP) published a study entitled Artificial Intelligence and Civil Liability – A European Perspective. The study considers some of the EU’s existing and…
The Energy Law Blog
Changes in Approach to Criminal Liability: Trump’s Executive Order Regarding Criminal Regulatory Offenses
By Greg L. Johnson, Clare M. Bienvenu, Sean Toomey, Colin North
On May 9, 2025, the Trump Administration published an executive order (“EO”), titled “Fighting Overcriminalization in Federal Regulations,” that targets criminal regulatory offenses subject to strict liability, or liability that…
Subject to Inquiry
Order Limiting Strict Liability Has Implications on FDCA Enforcement for Companies, Individuals
By Clint Narver, Eric Olshan, Mindy Sauter, James Hornsby
On May 9, 2025, President Trump signed an Executive Order titled “Fighting Overcriminalization in Federal Regulations.” The Order seeks to reduce the regulatory burden on Americans and prevent individuals from…
Marler Blog
With a Felon at the helm, what would you expect?
By Bill Marler
I have tried to steer clear of politics with respect to the Felon in Chief, but this is nuts, or at least peanuts. According to yet another edict from the White House,…
Criminal
Could Prez Trump’s new EO on overcriminalization prompt the US Sentencing Commission to review strict liability guideline enhancements?
As flagged in this post, just a couple of days before he left the Oval Office back in 2021, Prez Trump issued an exective order titled "Executive Order on Protecting…
TortsProf Blog
IN: Supreme Court Fine-tunes Strict Liability for Blasting
The Indiana Supreme Court declined to follow the Second Restatement factors test to determine whether strict liability applies to blasting, instead retaining the “bright line” approach of the First and…
TortsProf Blog
Godi on Section 1983 and Strict Liability
Matteo Godi has posted to SSRN Section 1983: A Strict Liability Statutory Tort. The abstract provides:Scholars have traditionally framed Section 1983 as a “constitutional tort,” and they have recently devoted much…
Drug & Device Law
No Debating Pennsylvania’s Rejection of Strict Liability for Implantable Medical Devices
This is from the non-Dechert part of the Blog. Over the years, the Blog has had many, many posts related to the issue of whether Pennsylvania recognized any form of…
HeplerBroom Blog
Illinois and Missouri: Two Different States, Two Different Interpretations of Strict Liability for Products
Analyzes several Illinois and Missouri cases that illustrate the differences in how Illinois and Missouri interpret strict liability for products.