Wednesday, December 26, 2012
Tuesday, December 25, 2012
Courtesy of Ken Oliphant:
Michael D Green andOlivier Moréteau ‘Restating Tort Law: The American and European Styles’ (2012) 3 JETL 281
Matthew Dyson‘Civil Law Responses to Criminal Judgments inEngland and Spain’ (2012) 3 JETL 308
Robert J Dijkstra ‘Liability of Financial Supervisory Authorities in the European Union’ (2012) 3 JETL 346
Bernd J Hartmann ‘Perspectives on the Economic Analysis of Public Liability Law’ (2012) 3 JETL 378
Vanessa Wilcox‘Vindicatory Damages: The Farewell?’ (2012) 3 JETL 390
Jens M Scherpe’Christoph Oertel, Objektive Haftung in Europa. Rechtsvergleichende Untersuchung zur Weiterentwicklung der verschuldensunabhängigen Haftung im europäischen Privatrecht’ (2012) 3 JETL 410
Florian Wagner von-Papp’Helmut Koziol/Josef Seethaler/Thomas Thiede (eds), Medienpolitik und Recht: Media Governance, Wahrhaftigkeitspflicht und sachgerechte Haftung’ (2012) 3 JETL 413
Friday, December 21, 2012
Thursday, December 20, 2012
Nora Freeman Engstrom is an Associate Professor at Stanford Law
School. Professor Engstrom’s scholarship lies at the intersection of
tort law and professional ethics, and her current work explores the
day-to-day operation of the tort system and particularly the tort
system’s interaction with alternative compensation mechanisms, such as
workers’ compensation and no-fault automobile insurance. Professor
Engstrom has also written extensively on attorney advertising and law
firms she calls “settlement mills”—high-volume personal injury law
practices that heavily advertise and mass-produce the resolution of
Wednesday, December 19, 2012
Kip Viscusi & Joni Hersch (Vanderbilt) have posted to SSRN Assessing the Insurance Role of Tort After Calabresi. The abstract provides:
Calabresi’s theory of tort liability (1961) as a risk distribution mechanism established
insurance as an objective of tort liability. Calabresi’s risk-spreading concept
of tort has provided the impetus for much of the subsequent development of tort
liability, including risk-utility analysis and strict liability. Calabresi’s
analysis remains a powerful basis for modern tort liability. However, punitive
damages, noneconomic damages, shifts in liability rules over time, high
transactions costs, correlated risks, catastrophic losses, and mass toxic torts
pose challenges for the viability of tort liability as an insurance mechanism.
Despite limitations of tort liability as insurance, tort compensation also
serves a deterrence role. Tort liability retains a valuable insurance function
in many situations and may be superior to alternative institutional mechanisms
in fostering incentives.
Monday, December 17, 2012
The Legal Intelligencer reports that Gary Schultz, a former Penn State administrator now facing criminal charges, "has filed a praecipe for writ of summons against the university's former general counsel, Cynthia Baldwin, indicating he intends to sue her for legal malpractice." According to the article, at least two Penn State employees testified before the grand jury believing Baldwin was there as their lawyer. Baldwin, however, asserts that she was representing the university, not the employees, but "she did not think it was "appropriate" to interrupt the proceedings and clarify."
The full story requires free registration.
Thanks to Lisa Smith-Butler for the alert.
Friday, December 14, 2012
The American Tort Reform Association released its list of Judicial Hellholes for 2012-2013. California has replaced Philly at the top spot on the list. The rest of the top five include West Virginia, Madison County, IL, New York City and Albany, NY, and Baltimore, MD.
Thursday, December 13, 2012
So this topic is a little removed from tort law. Liability insurance is intimately related, but this is first-party insurance. Regardless, it's an interesting device. Yesterday's NYT featured a website that allows homeowners to calculate their risk of flood losses and receive a flood insurance estimate. You can type in your address and receive tailored data. Of course, homeowners insurance does not cover flood damage.
Tuesday, December 11, 2012
Virginia Lawyers Weekly is reporting that the Virginia Chamber of Commerce has published its legislative wish list on tort reform. Most of the hot-button issues are missing; for instance, there is no call for caps. This may be explained by Virginia's relatively business friendly environment. The Chamber would like summary judgment practice reform, nonsuit reform, and further limitations on venue.
Monday, December 10, 2012
Friday, December 7, 2012
Over at JOTWELL, I have a review of Joseph Sanders, Matthew B. Kugler, John M. Darley and Lawrence M. Solan, Torts as (Only) Wrongs? An Empirical Perspective (Brooklyn Law School, Legal Studies Paper No 302, 2012). From the review:
In a compelling new sociological study, however, Joseph Sanders tests the idea of tort as wrongs (and only wrongs), and adds to the scholarly debate about tort’s rationales. Sanders persuasively argues that—far from being “at the margin of tort law” —from the public’s perspective, strict liability reigns supreme. In four discrete studies, Sanders assessed whether the public believes fault or wrongdoing is a requirement for tort liability. His thoughtful article presents some surprising findings that should have those of us in the academy taking another look at the purpose of tort law.
Thursday, December 6, 2012
Over at the Faculty Lounge, Beth Haas (Drexel) is asking whether criminalizing conduct that was formerly only tortious (prohibiting not pricing, in the law and economics lexicon) impedes safety investigations. The post is here.
Wednesday, December 5, 2012
Last week, a local middle school chemistry class ended in an explosion. Seven people were injured and two were transported via helicopter to John Hopkins. Fortunately, all seven are now out of the hospital. The chemistry teacher is reputed to be extremely cautious, and it is not yet clear what happened to cause the explosion. The Patriot News (Harrisburg) has an article, including contributions from Widener TortsProf Randy Lee, about the legal issues in suing over such an incident.
Those of you struggling to write an exam might consider this as the basis for a question. By tweaking the facts a bit, you can test negligence, contrib, assumption of risk, battery, sovereign immunity, etc.
Tuesday, December 4, 2012
Psychology Today has an article by John C. Goodman, Ph.D., on "Reforming the Tort System: Freeing the Patient." The article examines medical malpractice liability by contract, rather than the tort system. Goodman is a Research Fellow at the Independent Institute and President and Kellye Wright Fellow in Healthcare at the National Center for Policy Analysis.
Monday, December 3, 2012
A shout out to the torts-related blogs in the ABA's 6th annual "Blawg 100":
Abnormal Use - "an unreasonably dangerous products liability blog dedicated to the discussion of federal and state products liability litigation" by the attorneys at Gallivan, White & Boyd, P.A.
Drug and Device Law - "Jim Beck's personal views (and those of several other attorneys) of various topics that arise in the defense of pharmaceutical and medical device product liability litigation"
Overlawyered - "chronicling the high cost of our legal system"
New York Personal Injury Law Blog (Blawg 100 Hall of Fame!!)- Eric Turkewitz's blog on "New York personal injury law, medical malpractice, the civil justice system, and cases of interest"
Tort Talk - "updates, trends, and thoughts regarding Pennsylvania Civil Litigation Law by northeastern Pennsylvania insurance defense attorney Daniel E. Cummins"