Category Archives: Public law
Shyamkrishna Balganesh, ‘The Constitutionalization of Indian Private Law’
Abstract: In this Essay, I examine the interaction between Indian constitutional law and Indian tort law. Using the context of the Indian Supreme Court’s dramatic expansion of its fundamental rights jurisprudence over the last three decades, I argue that while the Court’s conscious and systematic effort to transcend the public law/private law divide and incorporate […]
‘The Supreme Court on Public v Private Law’
“While we debate the nature of the distinction – or the lack thereof – between public and private law, perhaps we should take note that the US Supreme Court has recently decided the issue. Well, not by a long shot, of course, but in Teva Pharmaceuticals USA, Inc v Sandoz, Inc, 135 S Ct 831 […]
Jason Varuhas, ‘The Evolution of the Damages Remedy Under the New Zealand Bill of Rights Act 1990: From Torts to Administrative Law’
Abstract: This paper charts the development of the damages remedy under the New Zealand Bill of Rights, from its inception in Baigent‘s Case, to one that looked as though it may develop along tort-based lines in the case of Dunlea, and more recently towards what might be described as an ‘administrative law’ or ‘public interest’ […]
Nicholas McBride, ‘Tort Law and Criminal Law in an Age of Austerity’
Abstract: In this paper, I consider how tort law and criminal law – conceived as interlocking and overlapping systems for protecting and upholding the legal rights people have against other people – should operate in a society where there are not enough public funds available to run those systems properly or, in the case of […]
Symposium: Torts and Civil Rights Law: Migration and Conflict: Ohio State Law Journal
Martha Chamallas and Sandra F Sperino, ‘Torts and Civil Rights Law: Migration and Conflict: Symposium Introduction’ William R Corbett, ‘What is Troubling About the Tortification of Employment Discrimination Law?’ Charles A Sullivan, ‘Is There Madness to the Method?: Torts and Other Influences on Employment Discrimination Law’ Sandra F Sperino, ‘Let’s Pretend Discrimination Is a Tort’ […]
Hila Shamir, ‘The Public/Private Distinction Now: The Challenges of Privatization and of the Regulatory State’
Abstract: This Article examines what form the public/private distinction takes in contemporary legal consciousness. It proposes that while the public/private distinction is still an important component of contemporary legal consciousness, the content of each sphere, their stability as distinct spheres, and their interaction with each other have significantly changed. This transformation occurred primarily due to […]
Maria Linda Ontiveros, ‘The Fundamental Nature of Title VII’
Abstract: This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one’s own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; […]
‘Title VII and Tort Law: A New Perspective’
Martha Chamallas, Two Very Different Stories: Vicarious Liability Under Tort and Title VII Law, Ohio State Law Journal (forthcoming), available at SSRN. In her paper, which is a working draft and part of the Ohio State Law Journal symposium, Torts and Civil Rights Law: Migration and Conflict, Professor Chamallas takes on the daunting task of […]
Mark Geistfeld, ‘The Tort Entitlement to Physical Security as the Distributive Basis for Environmental, Health, and Safety Regulations’
Abstract: In a wide variety of contexts, individuals face a risk of being physically harmed by the conduct of others in the community. The extent to which the government protects individuals from such harmful behavior largely depends on the combined effect of administrative regulation, criminal law, and tort law. Unless these different departments are coordinated, […]
Cortney Lollar, ‘What Is Criminal Restitution?’
Abstract: A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore no longer serves its traditional purpose of disgorging a […]