Merle H Weiner, Civil Recourse Insurance: Increasing Access to the Tort System for Survivors of Domestic and Sexual Violence, 62 Arizona Law Review 957 (2021), available at SSRN. The US torts system features a large gap between intentional tort doctrine and actual remedies for intentional torts. Doctrine pronounces many injuries tortious and compensable – intentional torts including domestic violence and sexual violence are widespread – yet civil lawsuits for these torts continue to be rare. The reasons for this gap are not a mystery; they all relate to money. Merle Weiner’s important and well-researched article takes effective aim at this situation, meshing insights from civil recourse theory about the purpose of the torts system with empirical information about what survivors of these torts actually want (hint: it’s mostly not money) … (more)
[Jennifer Wriggins, JOTWELL, 10 December]
First posted 2020-12-10 19:15:37
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