Phillip Buckley, ‘Barriers to Justice, Limits to Deterrence: Tort Law Theory and State Approaches to Shielding School Districts and Their Employees from Liability for Negligent Supervision’

Abstract:
Despite its importance, the law of tort and negligence in the context of American public schools is poorly understood and relatively understudied. Through the lens of tort law theory, this Article examines the various legal frameworks that govern the tort of negligent supervision in four states: Arkansas, Illinois, Colorado, and Maine. In these four states, various statutes serve to shield public school districts and their employees from liability for harms experienced by students under their supervision. This Article argues that the frameworks in these states fundamentally undermine the two primary purposes of tort law: corrective justice and deterrence. This Article then draws on tort law theory to provide suggestions for how legislators could revise the law in these states to strike a better balance between the goals of tort law and the public policy justifications for limiting the liability of districts and employees.

Phillip Buckley, Barriers to Justice, Limits to Deterrence: Tort Law Theory and State Approaches to Shielding School Districts and Their Employees from Liability for Negligent Supervision, Loyola University Chicago Law Journal 48:1015 (2017).

First posted 2017-07-21 06:38:09

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