Private Law Theory

INTRODUCTION
This Article explores whether the era of Covid, and all that has come with it, ushers in a break with conventional understandings of legal injury. I will argue that it does or, at least, that I hope it does. My starting place is with the failure of conventional understandings of legal injury to adequately recognize and compensate the injuries of most people, especially those who are economically disempowered. Even before the pandemic, injuries to the wealthy and powerful were more readily recognized and compensated than injuries to those on the margins or even the middle class. The pandemic exposed injury inequalities and highlighted the role of the tort system in protecting certain classes of people from liability for the injuries they cause. Ultimately, the implications of the pandemic may prove more lasting …

Anne Bloom, The Future of Injury (Tort Law In the Wake of the Pandemic), 71 DePaul Law Review 209 (2022).