Topic
Torts and Remedies
Posts
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ArticleVol. 103 · Iss. 4
The Law and Economics of Resilience
The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have…
Doni Bloomfield & Jeff Gordon -
NoteVol. 100 · Iss. 3
A Privacy Torts Solution to Postmortem Deepfakes
Introduction In 2021, Road Runner, a documentary about late celebrity chef Anthony Bourdain, became embroiled in controversy for using AI-generated voice technology to create…
Olivia Wall -
CommentaryVol. 87 · Iss. 2
Bailouts, Bonuses, and the Return of Unjust Gains
In March 2009, ailing insurance giant American International Group (AIG) triggered a national outcry when it paid out $165 million in government bailout funds…
Tracy A. Thomas -
ArticleVol. 95 · Iss. 4
Income-Dependent Punitive Damages
Punitive damages are sums awarded to tort victims over and above their compensable harm. Despite their relative rarity, they have been very salient in…
Ronen Perry & Elena Kantorowicz -
ArticleVol. 95 · Iss. 1
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments
Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in…
John Campbell, Bernard Chao & Christopher Robertson -
ArticleVol. 96 · Iss. 4
The Law of Identity Harm
Identity harm refers to the anguish experienced by consumers who learn that their efforts to consume in line with their personal values have been…
Sarah Dadush -
ArticleVol. 96 · Iss. 3
How the War on Terror is Transforming Private U.S. Law
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law,…
Maryam Jamshidi -
NoteVol. 93 · Iss. 1
Life is Better in the Land Down Under: Australian Treatment of GM Contamination and Why It Should Be Followed in the United States
Over the past two decades, the United States has seen the introduction and widespread adoption of genetically modified (“GM”) crops, followed by the rise…
Jeremy A. Tripp -
NoteVol. 92 · Iss. 5
The Black Box Solution to Autonomous Liability
Autonomous vehicles, or self-driving cars, have the potential to revolutionize modern transportation through increased productivity and safety. Today, industry leaders in both automotive manufacturing…
Ujjayini Bose -
NoteVol. 92 · Iss. 4
Strict Liability for Individuals? The Impact of 3-D Printing on Products Liability Law
Although a relatively new technology, three-dimensional (“3-D”) printing has been pronounced an invention with “the potential to revolutionize the way we make almost everything.”…
Nicole D. Berkowitz -
CommentaryVol. 97 · Iss. 4
Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule
This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with…
Clay Calvert -
CommentaryVol. 98 · Iss. 4
Considering the Private Animal and Damages
Since 2018, private law damages claims seeking to place animals in the role of plaintiffs have––in dramatic fashion––moved from academic debate to high-profile litigation. Focusing on…
Richard L. Cupp, Jr.