Friday, August 14, 2020
Thursday, August 13, 2020
Wednesday, June 3, 2020
Thursday, May 21, 2020
Tuesday, April 14, 2020
I missed this post from February. Jenny Wriggins posted about teaching Torts and race at the Race and the Law Prof Blog. Her conclusion:
Racism is becoming stronger in the U.S., despite the long struggles for racial justice in the U.S. and despite the fact that it is so deeply wrong. Our country has not completely addressed the history of race and racism in law. And this definitely is true in the teaching of tort law. Now is the time to make a serious start on this essential project.
Thursday, March 19, 2020
Thursday, March 5, 2020
Monday, February 24, 2020
At Legally Speaking Ohio, Marianna Brown Bettman provides a thorough analysis of the Supreme Court of Ohio's decision in House v. Iacovelli. In that case, the court stated: “It is less likely that a wrongful-termination-in-violation-of-public-policy claim is necessary when remedies for statutory violations are included in the statutory scheme.” The court rejected the wrongful discharge claim; the fact there was no remedy for the individual employee affected did not alter the court's decision.
This reminds me of a recent Iowa case: Ferguson v. Exide Techs., Inc., 936 N.W.2d 429, 434-435 (Iowa 2019) (“[W]hen the legislature includes a right to civil enforcement in the very statute that contains the public policy a common law claim would protect, the common law claim for wrongful discharge in violation of public policy becomes unnecessary.”). The major difference between the two is that the Iowa holding leaves the individual employee with a claim.
Wednesday, February 5, 2020
Monday, January 20, 2020
Friday, January 3, 2020
Monday, November 25, 2019
Wednesday, October 30, 2019
At Notice & Comment, Bernard Bell has posted "Fortieth Anniversary: The Commerce Department’s Foray Into Re-Writing Products Liability Law," which describes the history of the Model Uniform Products Liability Act.
Thursday, October 17, 2019
Friday, September 6, 2019
Monday, August 12, 2019
Wednesday, May 29, 2019
Tuesday, April 30, 2019
Thursday, April 11, 2019
Yesterday, I posted an article written by John Witt, Ryan Martins, and Shannon Price. They are also involved in a website called The Waiver Society Project. From the website:
The general aim of the Waiver Project is to communicate something about the ubiquity of waivers in our world and to promote better understanding of the role these complex documents play in the world around us. We want to understand the waiver not only as a legal tool, but as a sociological phenomenon. Why are waivers so common in modern society? Whose interests do they serve? Do differences among courts in waiver enforcement translate to better or worse waivers?
In short, we aim to stimulate thinking on the significance of waivers in our society. To this end, we hope to collect, share, and analyze waivers from all across the country.
To do this we need your help!
Please send us any and all waivers you have, ideally with the date and time of the conduct in question. Please see the “Contact & Submit” section of the website for instructions on how to submit your waivers, and let us know about your own experience with these strange legal documents.
Send us new cases or articles from your jurisdiction so that we can keep the state summaries and bibliography updated.
Send news articles that catch your eye about waivers and waiver cases.
We look forward to hearing from you!
Monday, April 1, 2019