Aaron Simowitz, ‘The Private Law of Terror’

… This Article examines disparate areas of US law, each of which has been shaped by terror regulation. In tort, civil procedure, and banking, terror regulation has distorted the background principles guiding the intervention of law in private conduct. In tort law, terror regulation has led to a profound loosening of causation requirements, based on import of concepts from criminal law into civil liability. In civil procedure, federal statutes have expanded the power of courts to hear private terror suits and curbed the discretion of courts to stay or dismiss them. In banking law, terror regulation has led to a dramatic expansion of know-your-customer laws, as well as a persistent private litigation against multi-national banks. Terror regulation shapes each of these bodies of law in similar and predictable ways. The state feels justified in inserting itself into private relationships more forcefully than in any other area of regulation …

Aaron D Simowitz, The Private Law of Terror, Penn State Law Review volume 126:1, 159 (2021).

First posted 2021-11-02 14:00:30

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