TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, April 13, 2012

Bernstein on "Real Remedies for Virtual Injuries"

Anita Bernstein (Brooklyn) has posted "Real Remedies for Virtual Injuries" on SSRN. The abstract provides:

Social networking, which offers enhancements to human lives at a low marginal cost, also contributes to dignitary and other nonpecuniary harms. Statements and images presented in electronic media can give rise to defamation, invasion of privacy, trademark infringement, and false advertising claims. Accurate enough as descriptions of harm, these doctrines do not do an adequate job of repair. An injurious communication preserved by electronic means and distributed through social networking is more likely than its spoken or paper-written counterpart to spread (a phenomenon expressed in the metaphoric adjective “viral”), to reach people whose disesteem the victim cares about, and to retain power to inflict more harm after it has been adjudicated as unlawful. Injuries in the virtual realm call for remedies that recognize how information travels through — and lingers inside — electronic media. After summarizing how current remedies for virtual injuries fail to effect repair, this Article proposes a court-annexed alternative dispute resolution scheme.



April 13, 2012 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, April 12, 2012

Agricultural Torts

The Center for Agricultural Law and Taxation at Iowa State is offering a webinar on Monday April 16:

On Monday April 16 from noon to 1 p.m. CST, CALT's Staff Attorney, Erika Eckley, will be conducting a webinar on the important topic of agricultural torts.  Lawyers can obtain 1 hour of CLE for joining in on the webinar.  But, it's not just for lawyers.  If you are an agricultural producer, operate an agribusiness, or are a rural landowner, you will benefit greatly from the 1-hour session.  It's a cost-effective way to learn how the law handles various liability situations, and that knowledge could end up saving you a great deal of dollars and grief in the future. 

Among the topics that Erika will cover include key state and national developments involving topics such as premises liability, nuisance, employer liability, recreational use, and legislative developments of importance to agricultural clients.  Erika will provide a basic primer on the development of an agricultural tort case, including the preservation and development of requisite evidence and proof of damages.

Don't miss this jam-packed session.  You can register for the webinar here:

April 12, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 11, 2012

AALS Mid-Year Meeting: Torts, Environment and Disaster

For those of you who still haven't firmed up your summer plans, consider traveling to Berkeley during June 8-12.  Torts is a focus of this year's AALS Mid-Year Meeting; it includes a "Workshop on Torts, Environment and Disaster."  The planning committee includes Laura Hines, Douglas Kysar, Bob Rabin, Tony Sebok and Lisa Grow Sun.  The speakers are an all-star cast.  The brochure is here.  Still not convinced?

Why Torts Law Teachers Would Attend?

Tort scholarship and tort practice has been concerned with large-scale losses since the advent of the class action. Recent events, such as the attacks of 9/11 and the BP oil spill, have illustrated that the tools of aggregate litigation may not be enough to handle the job of ascertaining both responsibility and compensation after a disaster. The Torts and Compensation Law Section will take advantage of its joint meeting with the Environmental Law Section to provide a fresh look at the special problem that disasters pose for tort law in the 21st Century.

The topics covered by the torts portion of the joint meeting will include whether tort law should be limited in times of disasters, the role (if any) of tort principles in the design of public compensation and private settlement funds, and the relationship between tort and insurance law in times of disaster. At the end of the program there will be a session on the incorporation of issues relating to disaster in the torts curriculum. The program will provide torts and insurance scholars of all levels of seniority with new insights into their own research and teaching.


April 11, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

NFL Concussion Website

A 3L at UMKC, Paul Anderson, is running a website devoted to concussion-related suits against the NFL and helmet manufacturers.  Entitled NFL Concussion Litigation, it can be accessed here.

Thanks to Alex Long for the tip.


April 11, 2012 in Current Affairs, Sports, Weblogs | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 10, 2012

How Do You Use the BP Gulf Oil Spill In Your Course?

Mike Rustad asks. Mike is speaking on the topic of "How To Teach Disaster As Part of a Torts Curriculum" at the AALS Workshop on Torts, Environment and Disaster from June 8-10, 2012, in Berkley.
Mike would appreciate your input:
In preparation for my talk, I am doing an informal study of how torts teachers use the BP Disaster (or other disasters) in their basic courts course (to illustrate topics such as the economic loss rule, legal causation, etc.), or in advanced torts or products liability classes. I am wondering how torts (and other subjects, too) have incorporated the BP oil spill into their classes. You can reply to me off-line at mrustad [at] or perhaps we can start a discussion on-line as well. George Conk (Fordham) uses the BP oil spill in his Business Torts class to teach topics such as the economic loss rule, limited duty, and the role of insurance. He has posted a number of BP documents of interest to torts teachers at I would be interested to hear how others use the BP oil spill, Katrina, or other disasters in their torts courses.

April 10, 2012 in Conferences, Teaching Torts | Permalink | Comments (0) | TrackBack (0)

Monday, April 9, 2012

More on NH Early Offer Bill

Back in March, Chris reported on the New Hampshire "early offer" bill that is pending in the state Senate.   As the Senate takes up consideration of the bill, it continues to receive media coverage.   SeaCoast Online has a detailed report in today's paper.


April 9, 2012 in Current Affairs, Legislation, Reforms, & Political News | Permalink | Comments (0) | TrackBack (0)