Category Archives: Public law
Hines and Hines, ‘Constitutional Constraints on Punitive Damages: Clarity, Consistency, and the Outlier Dilemma’
Abstract: Almost twenty years ago, the Supreme Court in BMW v. Gore invoked the Due Process Clause for the first time to invalidate a punitive damages award as excessive. Since then, the Court has issued a handful of decisions that further refine Gore’s tripartite guidepost framework. In this article, we draw on a ten-year span […]
Cortney Lollar, ‘Punitive Compensation’
Abstract: Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution’s traditional aim of disgorging a defendant’s ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. […]
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 […]
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 […]
Riaz Tejani, ‘National Geographics: Toward a ‘Federalism Function’ of American Tort Law’
Abstract: This Article defends current contours in the federalization of tort law wherein norms have been federalized in discrete substantive areas although remaining shielded from federal incursion in others. As suggested here, it becomes the task of judges to develop and refine these contours in the same fashion that they serve public law needs elsewhere […]