Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and...
On Thursday afternoon, in an important lawsuit seeking to clarify which religious objectors will be taken seriously when they seek legal exemptions, a...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
Liberalism is back on its heels, pushed there by political movements in the United States and Europe and by the critiques of legal scholars and...
Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...
This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v...
Looking for a federal law to be declared unconstitutional? Religion may well be your best bet -- and that's true regardless of how "real" your...
Section 230 is finally getting the clear-eyed attention that it deserves. No longer is it naive to suggest that we revisit the law that immunizes...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
