TortsProf Blog

JOTWELL Torts: Goldberg on Descheemaeker on Compensating Emotional Harm

At JOTWELL, John Goldberg reviews Eric Descheemaker's Rationalising Recovery for Emotional Harm in Tort Law, 134 L.Q. Rev. 602 (2018).

Bell on the Model Uniform Products Liability Act

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.

JOTWELL Torts: Bublick on Keating on the Nature of Tort Law

At JOTWELL, Ellie Bublick reviews Greg Keating's Is Tort Law "Private"?.

JOTWELL Torts: Keating on Steel on Reparation

At JOTWELL, Greg Keating reviews Sandy Steel's Compensation and Continuity.

JOTWELL Torts: Green on Yeung on Computer Code as Law

At JOTWELL, Sarah Green reviews Karen Yeung's Regulation by Blockchain:  the Emerging Battle for Supremacy between the Code of Law and the Code as Law.

JOTWELL Torts: Engstrom on Kachalia et al. on Med Mal Communication-and-Resolution Programs

At JOTWELL, Nora Engstrom reviews Allen Kachalia et al., Effects of a Communication-and-Resolution Program on Hospitals' Malpractice Claims and Costs. 

JOTWELL Torts: Geistfeld on Long on Suicide

At JOTWELL, Mark Geistfeld reviews Alex Long's Abolishing the Suicide Rule.

The Waiver Society Project

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!

JOTWELL Torts: Zipursky on Abraham & White on Cardozo's Wagner Opinion

At JOTWELL, Ben Zipursky reviews Ken Abraham and Ted White's Recovering Wagner v. International Railway Company.

JOTWELL Torts: Wriggins on Avraham & Yuracko on Race-Based Damages

At JOTWELL, Jenny Wriggins reviews Ronen Avraham & Kimberly Yuracko's Valuing Black Lives:  A Constitutional Challenge to the Use of Race-Based Tables in Calculating Tort Damages.

JOTWELL Torts: Sebok on Abraham & Kendrick on Affirmative Duties

At JOTWELL, Tony Sebok reviews Ken Abraham & Leslie Kendrick's There's No Such Thing as Affirmative Duty.

JOTWELL Torts: Goldberg on Engstrom on Auto Accidents

At JOTWELL, John Goldberg reviews Nora Engstrom's When Cars Crash:  The Automobile's Tort Legacy.

JOTWELL Torts: Avraham on Ben-Shahar on "Data Pollution"

At JOTWELL, Ronen Avraham reviews Omri Ben-Shahar's Data Pollution.

JOTWELL Torts: Keating on Abraham & White on the Dignitary Torts

At JOTWELL, Greg Keating reviews Ken Abraham and Ted White's The Puzzle of the Dignitary Torts.

JOTWELL Torts: Simons on Oberdiek on Risk

At JOTWELL, Ken Simons reviews John Oberdiek's Imposing Risk:  A Normative Framework. 

JOTWELL Torts: Bublick on Abraham & Rabin on Autonomous Vehicles

Over at JOTWELL, Ellie Bublick reviews Ken Abraham & Bob Rabin's Automated Vehicles and Manufacturer Responsibility for Accidents:  A New Legal Regime for a New Era.

JOTWELL Torts: Chamallas on Skinner-Thompson on Privacy

At JOTWELL, Martha Chamallas reviews Scott Skinner-Thompson's Privacy's Double Standard.

Workers' Compensation Law Blog

There is an obvious connection between tort law and workers' compensation.  Both provide compensation to the injured, but they are based on different philosophical underpinnings.  Mike Duff leads a team of editors at Workers' Compensation Law Blog, an active and very thorough blog.  Check it out here.

JOTWELL Torts: Steel on Voyiakis on Causation

At JOTWELL, Sandy Steel reviews Emmanuel Voyiakis' Causation and Opportunity in Tort.

Miller on Signaling Other Drivers to Proceed

Over at Maryland Injury Lawyer Blog, Ron Miller blogs about the situation in which one driver signals, usually by waving, another driver to proceed.  In Maryland, reliance on signals from other drivers is not a valid defense, but drivers who signal could be successfully sued for negligence.