Education
MacDonald v. Thomas M. Cooley Law School
Sixth Circuit Finds Law School Applicants Could Not Reasonably Rely on School-Provided Employment Statistics.
Torts
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Sexuality
Yonaty v. Mincolla
New York Appellate Division Holds that the Imputation of Homosexuality Is No Longer Defamation Per Se.
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Harvard Law Review Forum
Method and Morality in the New Private Law of Torts
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption, 125 Harv. L. Rev. 1757 (2012)
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Harvard Law Review Forum
New Private Law Theory and Tort Law: A Comment
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption, 125 Harv. L. Rev. 1757 (2012)
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Harvard Law Review Forum
Comments on Stephen Smith’s Duties, Liabilities, and Damages
Responding to Stephen Smith, Duties, Liabilities, and Damages, 125 Harv. L. Rev. 1727 (2012)
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Torts
Palsgraf, Punitive Damages, and Preemption
The standard One-L curriculum remains heavy on Torts, Contracts, and Property, presumably on the theory that these subjects will help students learn “to think like lawyers.” Ironically, however, these are…
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Torts
Duties, Liabilities, and Damages
In this Article I explore two ways of understanding damage awards. The first way, which I call the duty view, supposes that damage awards confirm existing legal duties to pay…
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Contract Law
Introduction: Pragmatism and Private Law
Like many legal concepts, “private law” has recognizable referents yet eludes precise definition. Private law defines the rights and duties of individuals and private entities as they relate to one…
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Torts
Ali v. Rumsfeld
D.C. Circuit Holds that U.S. Officials Are Immune from Alien Tort Statute Claims.
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International Law (Private)
Doe VIII v. Exxon Mobil Corp.
D.C. Circuit Holds Corporations Not Immune from ATS Claims.