Mayor of Baltimore v. BP P.L.C.
Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.
Vol. 136 No. 4
Torts
On Tort Law’s Dualisms
Vol. 135 No. 4
We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky's Response....
The Legal Infrastructure of Childbirth
Chapter Three
Vol. 134 No. 6
Turning Neighbors Into Nuisances
Vol. 134 No. 5
A reckoning for single-family zoning is underway. From Minnesota to California, cities and states are looking for ways to compel the densification of neighborhoods...
City of Oakland v. BP PLC
Ninth Circuit Finds that State Public Nuisance Claims Against Fossil Fuel Producers Are Not Completely Preempted by Federal Law.
Vol. 134 No. 5
Thoroughly Modern Tort Theory
Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4
Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4
Introduction When the U.S. Supreme Court faced a novel tort law issue in 2019 in Air & Liquid Systems Corp. v. DeVries — namely,...
Section 230 as First Amendment Rule
Vol. 131 No. 7
Section 230 of the Communications Decency Act of 1996 has been lauded as “the most important law protecting internet speech” and called “perhaps the...
Haskins v. 3M Co.
District of South Carolina Holds the Every Exposure Theory Insufficient to Demonstrate Specific Causation Even if Legal Conclusions Are Scientifically Sound.
Vol. 131 No. 2
Rethinking Actual Causation in Tort Law
Vol. 130 No. 8
The concept of causation is central to myriad areas of tort law: a defendant commits simple battery only if she “intentionally causes bodily contact”...