TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, September 22, 2011

Tort-Focused PAC in Texas

A few weeks ago, the New York Times published an interesting piece (from the Texas Tribune) about Texans for Lawsuit Reform, a very powerful PAC in that state.  Worth a read.


September 22, 2011 in Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 21, 2011

Top 10 Recent SSRN Torts & Products Liability Downloads


Rank Downloads Paper Title
1 205 The Reasonable Person
Alan D. Miller, Ronen Perry,
University of Haifa - Faculty of Law, University of Haifa - Faculty of Law,
Date posted to database: July 16, 2011
Last Revised: September 7, 2011
2 156 Rawls' Concept of Reflective Equilibrium and its Original Function in 'A Theory of Justice'
John Mikhail,
Georgetown University - Law Center,
Date posted to database: July 21, 2011
Last Revised: July 27, 2011
3 154 Corporate Human Rights Violations and Private International Law – The Hinge Function and Conductivity of PIL in Implementing Human Rights in Civil Proceedings in Europe: A Facilitating Role for PIL or PIL as a Complicating Factor?
Veerle Van Den Eeckhout,
Leiden University - Leiden Law School,
Date posted to database: July 26, 2011
Last Revised: July 28, 2011
4 150 Torts and Other Wrongs
John Gardner,
University of Oxford - Faculty of Law,
Date posted to database: August 9, 2011
Last Revised: August 17, 2011
5 83 Strict Liability in Negligence
Kenneth S. Abraham,
University of Virginia School of Law,
Date posted to database: August 15, 2011
Last Revised: September 6, 2011
6 79 Why There is No Duty to Pay Damages: Powers, Duties, and Private Law
Nathan B. Oman,
William & Mary Law School,
Date posted to database: August 9, 2011
Last Revised: August 9, 2011
7 76

The Concept of a Right to Privacy
Eoin Carolan,
University College Dublin (UCD),
Date posted to database: July 21, 2011
Last Revised: July 21, 2011

8 72 Immunity Shopping: Exploiting Variation in Liability Rules
Robert Flannigan,
University of Saskatchewan,
Date posted to database: August 23, 2011
Last Revised: August 23, 2011
9 68 How Medical Apology Programs Harm Patients
Gabriel H. Teninbaum,
Suffolk University Law School,
Date posted to database: August 21, 2011
Last Revised: September 10, 2011
10 67

Optimal Cartel Deterrence: An Empirical Comparison of Sanctions to Overcharges
Robert H. Lande, John M. Connor,
University of Baltimore - School of Law, Purdue University,
Date posted to database: August 28, 2011
Last Revised: September 20, 2011


September 21, 2011 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, September 19, 2011

Baby Mixup Does Not Support Claim for Emotional Distress

A Brooklyn woman sued Long Island College Hospital after discovering that the nurses had given her the wrong baby to breast feed and that her baby had been given to another woman.   The Appellate Division reveresed the trial court's denial of the motion to dismiss.   It's a bit unclear from the story the exact claim brought (i.e., negligence, IIED, etc.), though the story reports that the plaintiff sought damages for "extreme emotional pain."   The Brooklyn Eagle has the details. 

Thanks to Meredith Miller for the story.

- SBS 

September 19, 2011 in Current Affairs | Permalink | Comments (0) | TrackBack (0)