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)
Torts
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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.
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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…