TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, October 23, 2017

JOTWELL Torts: (John) Goldberg on (Victor) Goldberg on MacPherson and Henningsen

At JOTWELL, John Goldberg reviews Victor Goldberg's The Macpherson-Henningsen Puzzle.  I'm happy to say the piece will be published in issue 2018:1 of the Journal of Tort Law.

October 23, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, October 5, 2017

JOTWELL Torts: Keating on James on Systemic Risk

At JOTWELL, Greg Keating reviews Aaron James's The Distinctive Significance of Systemic Risk.

October 5, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, July 11, 2017

JOTWELL Torts: Bublick on Avraham & Yuracko on Race, Gender, and Tort Damages

At JOTWELL, Ellie Bublick reviews Ronen Avraham & Kimberly Yuracko's Torts and Discrimination.

July 11, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, June 7, 2017

JOTWELL Torts: Chamallas on Tilley on Tort Theory

At JOTWELL, Martha Chamallas reviews Cristina Carmody Tilley's Tort Law Inside Out.

June 7, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, May 16, 2017

JOTWELL Torts: Geistfeld on Stein on Tort Theory

At JOTWELL, Mark Geistfeld reviews Alex Stein's The Domain of Torts.

May 16, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Sunday, April 16, 2017

JOTWELL Torts: Engstrom on Engel on the Lack of Litigiousness

At JOTWELL, Nora Engstrom reviews David Engel's The Myth of the Litigious Society:  Why We Don't Sue.

April 16, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Friday, March 17, 2017

JOTWELL Torts: Zipursky on Goold on Copyright Infringement as Tort

At JOTWELL, Ben Zipursky reviews Patrick Goold's Unbundling the "Tort" of Copyright Infringement.

March 17, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, February 14, 2017

JOTWELL Torts: Sebok on Abraham & White on the Emergence of Tort Law

At JOTWELL, Tony Sebok reviews Ken Abraham & Ted White's The Transformation of the Civil Trial and the Emergence of American Tort Law

February 14, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, January 18, 2017

OH: No Police Liability for Injuries to Innocent Bystander During Chase of Fleeing Felon

Marianna Brown Bettman has commentary at Legally Speaking Ohio.

January 18, 2017 in Current Affairs, Weblogs | Permalink | Comments (0)

Thursday, January 12, 2017

JOTWELL Torts: Hershovitz on Cornell on the Connection Between Rights and Wrongs

At JOTWELL, Scott Hershovitz reviews Nicolas Cornell's Wrongs, Rights, and Third Parties.

January 12, 2017 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, December 14, 2016

McPeak on Tort Liability in the Sharing Economy

Agnieszka McPeak (Toledo) has posted to SSRN Sharing Tort Liability in the New Sharing Economy.  The abstract provides:

The new sharing economy is forcing policymakers to reexamine current legal structures for several highly regulated industries, including taxi services. But in addition to regulation, tort law’s ability to adapt to the new sharing economy is an equally important concern, and one that few scholars have examined to date.

Although many sharing-economy companies, like ridesharing service Uber, merely purport to connect individuals to each other for the purposes of exchanging specific services, many of these companies are monetized, for-profit businesses that exert some level of control over the underlying commercial transaction. When an individual service provider, like an Uber driver, commits a tort, the victim may be under-compensated if that individual provider alone is liable. Holding the sharing-economy company vicariously liable may be appropriate for ensuring fairness for tort victims.

Fortunately, pre-existing tort principles — particularly vicarious liability concepts of respondeat superior, liability for independent contractors, and joint enterprise liability — already provide the framework for applying retrospective common law remedies in the sharing-economy context. Even though sharing-economy companies challenge the status quo with their innovative and non-traditional business approaches, pre-existing principles suffice to clarify tort liability in this new context. By liberally using the basic analysis and underlying policy rationales of existing vicarious liability concepts in particular, courts can ensure fairness under modern tort law, and policymakers can proceed with a holistic understanding of how retrospective remedies are well-poised to address some of the unique issues raised by the new sharing economy.

She's also blogging at Prawfs.

December 14, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, December 1, 2016

JOTWELL Torts: Goldberg on Goudkamp & Murphy on Tort Theory

At JOTWELL, John Goldberg reviews James Goudkamp & John Murphy's The Failure of Universal Theories of Tort Law.

December 1, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, November 1, 2016

JOTWELL Torts: Scheuerman on Janssen on a Duty to Sell Life-Saving Medicine

Over at JOTWELL, Sheila Scheuerman has a review of William Janssen's A "Duty" to Continue Selling Medicines.

November 1, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, September 29, 2016

JOTWELL Torts: Keating on Ewing on Corporate Responsibiilty and the Structure of Tort Law

Monday, August 22, 2016

JOTWELL Torts: Bublick on Nolan on Preventive Damages

Over at JOTWELL, Ellie Bublick reviews Donal Nolan's Preventive Damages.

August 22, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Friday, July 1, 2016

JOTWELL Torts: Chamallas on Swan on Bystanders and Bullies

Martha Chamallas reviews Sarah Swan's Bystander Interventions at JOTWELL.

July 1, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Thursday, May 26, 2016

JOTWELL Torts: Geistfeld on Eisenberg & Engel on Empirical Data and Negligence

Tuesday, April 26, 2016

JOTWELL Torts: Engstrom on Radin on Boilerplate

Over at JOTWELL, Nora Engstrom reviews Margaret Jane Radin's Boilerplate:  The Fine Print, Vanishing Rights, and the Rule of Law.

April 26, 2016 in Books, Scholarship, Weblogs | Permalink | Comments (0)

Monday, March 28, 2016

JOTWELL Torts: Zipursky on Dorfman on Assumption of Risk and Junk Food

At JOTWELL, Ben Zipursky reviews Avi Dorfman's Assumption of Risk, After All.

March 28, 2016 in Scholarship, Weblogs | Permalink | Comments (0)

Wednesday, March 9, 2016

NPL: Most-Cited Torts Articles of the Past 25 Years

At New Private Law, Ted Sichelman has compiled a list of the most-cited torts articles of the past 25 years.

March 9, 2016 in Scholarship, TortsProfs, Weblogs | Permalink | Comments (0)