Category Archives: Tort

Vaithulla Kamal Ahamed, ‘Navigating Social Media Defamation: Exploring Liability for Third-Party Publications in the Digital Age’

ABSTRACT The recent ruling by the High Court of Australia (HCA) in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 has significant implications for defamation in digital platforms. The case involved an appeal by three media outlets (defendant-appellants) against a decision from the New South Wales (NSW) Court of Appeal (Fairfax Media Publications […]

‘A Cornish compensation claim’

“Here is another snippet on that vexed question: how did medieval law regard the foetus (something I have blogged about a bit. Much of the attention in this regard – including mine – has been on the law of homicide. That’s understandable, since we tend to think of the big question being ‘was it regarded […]

‘How Much Is The Lost Chance To Reproduce Worth?’

Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write […]

Anita Bernstein, ‘An Ally Can Connect Tort Theory to International and Comparative Law’

ABSTRACT Experts and practitioners who work in international law can attest to a communication challenge for the field. At the level of both abstraction and matters of fact—that is, events or dealings that traverse national borders – international law has appeared unavailing to outsiders. Its tenets can look like postures: bluff, sophistry, accusations, even ‘cheap […]

Deimantė Rimkutė, ‘Shaping Civil Liability in the Digital Age: AILD and the Revisited PLD’

ABSTRACT This article assesses two proposals for directives put forward by the European Commission: The Artificial Intelligence Liability Directive and the revised Product Liability Directive. The first part of the article introduces and compares the two proposals for directives. The subsequent part assesses the key elements of the Directives, including the scope of the application; […]

Jeffrey Helmreich, ‘Against Harm: Keating on the Soul of Tort Law’

ABSTRACT An orthodox view of tort law sees it as primarily a means of assigning costs – for economic reasons, on some views, or for moral reasons, on others. Gregory Keating compellingly challenges this orthodoxy, showing how tort is essentially a matter of setting prospective norms designed to protect rational agents from wrongful harms, to […]

María Guadalupe Martínez Alles, ‘Situating Tort Law Within a Web of Institutions: Insights for the Age of Artificial Intelligence’

ABSTRACT Reasonableness and Risk offers two main claims that might open up fruitful avenues for further reflection. The first claim has to do with the need to abandon form and turn our attention to substance. The argument is that we cannot understand or justify the law of torts without attending to the interests that it […]

Anita Bernstein, ‘Privity 2.0 May Be Even Better for Tort Defendants’

ABSTRACT Privity reinvigorated in the current century comes with a few tradeoffs, to be sure. It does not have the pre-MacPherson sweeping power to vaporize an unwanted complaint, especially one alleging physical injury, but in some respects it is more useful for entities that line up on Team Defendant. If pre-MacPherson privity had been a […]

‘Torts: Medical Malpractice Is Approved’

The American Law Institute’s membership voted today to approve Restatement of the Law Third, Torts: Medical Malpractice. Led by Reporters Nora Freeman Engstrom of Stanford Law School, Michael D Green of Washington University School of Law, and Mark A Hall of Wake Forest University School of Law, the project was launched as part of Restatement […]

‘Insurance Risk and Democratic Police Reform’

Culver City, California was one of the many cities during the summer of 2020 where local organizers mobilized to reimagine policing. A grassroots coalition in Culver City called for the city’s police department budget to be cut by 50%, with the money reallocated toward non-police public safety alternatives, including shifting first-line response away from sworn […]