Friday, May 30, 2008

Torts in the 100 Most Creative Moments in American Law

Robert F. Blomquist (Valparaiso) has posted Thinking About Law and Creativity:  On the 100 Most Creative Moments in American Law.  For the methodology and the entire list, the paper (pdf) is here.  Some of the moments on the list affect torts along with other areas, but the moments in which torts is the focus are few: 

Section 520 of the Restatement (Second) of Torts (1965) (six factors for "abnormally dangerous activities" for purposes of strict liability) [#56]

Warren & Brandeis article on Privacy in the Harvard Law Review (1890) [#75]

N.Y. Times v. Sullivan (1964) [#95]

(Via ABA Journal).

--CJR

http://lawprofessors.typepad.com/tortsprof/2008/05/torts-in-the-10.html

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Comments

I thought Restatements were supposed to be restatements and not great creative moments in the law.

The lawsuit claim meets all criteria for strict liability, not to mention the definition of a product.

Posted by: Supremacy Claus | May 31, 2008 4:32:14 AM

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