Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
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...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
St. George Tucker is commonly regarded as the most important commentator on American law in the first half of the nineteenth century, and the first...
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...
This paper describes the response of George Washington's administration to a plea for emergency war financing from French colonists who were trying to...
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...
When Class Competed with Race and Lost: An Origin Story of the Political Marginalization of the Poor
On March 1, 2024, the University of Richmond Law Review hosted a symposium entitled Vestiges of the Confederacy: Reckoning with the Legacy of the...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
In DeTreville v. Smalls, an 1879 case from Port Royal, South Carolina, the Supreme Court declared that titles to land that had been sold in...
At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...
This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...
Offers a preliminary legal history of the white supremacist and anti-Semitic violence that took place in my hometown of Charlottesville, Virginia on...
The conventional wisdom is that the Commander-in-Chief Clause arms the President with a panoply of martial powers. By some lights, the Clause not only...
Sandy Levinson has always taken secession arguments seriously. This is, in my eyes, one of his great virtues. There are very few scholars who would be...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
