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…
Torts
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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.
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Torts
Hedgepeth v. Whitman Walker Clinic
D.C. Court of Appeals Allows Recovery for Emotional Harm Outside Zone of Danger.
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Torts
Bruesewitz v. Wyeth LLC
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Local Government
The State’s Vicarious Liability for the Actions of the City
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Law & Economics
A Skeptical Attitude About Product Liability Is Justified: A Reply to Professors Goldberg and Zipursky
In The Uneasy Case for Product Liability, Professors A. Mitchell Polinsky and Steven Shavell maintained that the benefits of product liability are likely to be less than its costs for…
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Law & Economics
The Easy Case for Products Liability Law: A Response to Professors Polinsky and Shavell
The Uneasy Case for Product Liability, authored by Professors A. Mitchell Polinsky and Steven Shavell, cannot sustain the burden it has set for itself. The evidence it marshals is surprisingly…
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Torts
Donovan v. Philip Morris USA, Inc.
Supreme Judicial Court of Massachusetts Recognizes Cause of Action for Medical Monitoring of Tobacco Users.