Hila Keren, ‘Beyond Discrimination: Market Humiliation and Private Law’, 95 University of Colorado Law Review 87 (2024); Hila Keren, ‘Market Humiliation’, 56 Loyola of Los Angeles Law Review 565 (2023). So many ways to suffer, so few of them redressed by the law of torts. We who teach the course cover a short list. First and foremost, physical impact on the body. Damage to tangible property. Intrusions into land, almost all of them of the visible kind. Tort puts another set of interests in a secondary or lesser category, recognizing the possibility of real harm caused by faulty conduct but simultaneously blocking recourse with doctrinal hurdles that keep most potential plaintiffs out of court. Consequential economic loss, emotional distress, reputational harm, and interference with a possessor’s enjoyment of land fall into this category of recognized-yet-mostly-unremedied types of injury. In a pair of recent articles, both of them honored by her school as outputs originating in the same project, Hila Keren argues persuasively for an addition to this tranche … (more)
[Anita Bernstein, JOTWELL, 6 June 2024]
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