Deports about the "runaway" character of tort liability have Necome a staple of journalistic reporting on the law. The words "tort" and "crisis" now appear together so often in print that they have taken on the character of automatic association, like "bread and butter" or "death and taxes." Needless to say, no problem goes long perceived without generating proposed solutions. The solutions to the problems of tort law are as varied as the legal imagination. They range from replacement of the entire tort liability system with some form of regulatory and compensation mechanism for accidental injuries, to marginal corrections in the system such as limitations on damages and changes in liability standards. Broad, systemic reform proposals have generally foundered. The most noteworthy exception, workers' compensation, has not been emulated outside the confines of the workplace. The effort to develop a similar scheme to replace automobile accident liability in the 1960s and 1970s was both limited in its acceptance and partial in scope even where accepted.I Since the automobile no-fault movement ground to a halt nearly two decades ago, the possibility of systemic overhaul has been entertained by a few academics, 2 but it seems by almost no one else. All the practical reform efforts to address the assorted crises of contemporary tort law now focus on changes within the system.
The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
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...
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 idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...
The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...
Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...
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 project is part of ALI’s ongoing revision of the Restatement Second of Torts. The Restatement Second recognized compensatory damages, injunctions...
An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...
At its meeting on January 19 and 20, 2023 the Council approved Council Draft No. 2, containing §§ 5, 11, and 12 of Topic 1, General Rules for...
This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...