Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...
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...
The United States has been cultivating STEM talent for decades with great success, but that robust talent pipeline is threatened by a growing STEM...
In a 6-3 ruling on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions at Harvard and the University of...
Those Who Need the Most, Get the Least: The Challenge of, and Opportunity for Helping Rural Virginia
Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...
He who opens a school door, closes a prison. – Victor Hugo
Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a...
This year marks the fiftieth anniversary of the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez that our Constitution...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...
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...
In “A Tale of Two Statutes,” Elizabeth Kaufer Busch takes a hard look at Title IX on its fiftieth anniversary. Her conclusion? That the landmark civil...
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that they...