Abraham on Free Speech and Liability Insurance
Law Professors Blog » TortsProf
by tortsprof
18h ago
Ken Abraham has posted to SSRN Free Speech, Breathing Space, and Liability Insurance. The abstract provides: In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts (invasion ..read more
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Tort Law & Social Equality Project: Dagan & Dorfman on the Value of Personal Rights of Action
Law Professors Blog » TortsProf
by tortsprof
5d ago
On Friday, May 17, at noon (EST), Hanoch Dagan & Avihay Dorfman will present "The Value of Personal Rights of Action." The paper claims claim that contemporary champions of personal rights of action do not explain why and when these ..read more
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Rozenshtein on Section 230
Law Professors Blog » TortsProf
by tortsprof
1w ago
Alan Rozenshtein has posted to SSRN Interpreting the Ambiguities of Section 230. The abstract provides: As evidenced by the confusion expressed by multiple Justices in last Term’s Gonzalez v. Google, there is little consensus as to the scope of Section ..read more
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Engstrom et al. on Protective Orders
Law Professors Blog » TortsProf
by tortsprof
1w ago
Nora Freeman Engstrom, David Freeman Engstrom, Jonah B. Gelbach, Austin Peters, and Aaron Schaffer-Neitz have posted to SSRN Secrecy by Stipulation. The abstract provides: GM Ignition Switch. Dalkon Shield. Oxycontin. For decades, protective orders—court orders that require parties to maintain ..read more
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Fox-Decent on the Moral Authority of Rulings
Law Professors Blog » TortsProf
by tortsprof
1w ago
Evan Fox-Decent has posted to SSRN The Moral Authority of Rulings. The abstract provides: In Rights, Wrongs, and Injustices, Steve Smith argues that substantive legal rules, sanctions for breaking them, and judicial remedial orders are fundamentally distinct. A remedial order ..read more
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Bublick on the Art of the Treatise
Law Professors Blog » TortsProf
by tortsprof
1w ago
Ellie Bublick has posted to SSRN In Praise of the Treatise Writer: Law's Special Knowledge. The abstract provides: What is the special knowledge that law has? In this paper, Professor Bublick lauds the work of her late colleague, tort law ..read more
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BNSF Railway Liable in Asbestos-Related Deaths of Two in Libby, MT
Law Professors Blog » TortsProf
by tortsprof
2w ago
Yesterday, a federal jury found that BNSF Railway is liable in the deaths of two Libby, MT residents and awarded their estates $4 million each. The jury concluded that a spill of abestos-contaminated vermiculite in the Libby Railyard was a ..read more
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Sharkey on Platform Liability and Deterrence
Law Professors Blog » TortsProf
by tortsprof
3w ago
Cathy Sharkey has posted to SSRN The Irresistible Simplicity of Preventing Harm. The abstract provides: In Loomis v. Amazon.com, the California Court of Appeal confronts the most pressing products liability issue of our time: the extent to which an online ..read more
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Swan on Public Duties for the New City
Law Professors Blog » TortsProf
by tortsprof
3w ago
Sarah Swan has posted to SSRN Public Duties for the New City. The abstract provides: The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police ..read more
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Rabin on Stand Alone Emotional Harm
Law Professors Blog » TortsProf
by tortsprof
3w ago
Bob Rabin has posted to SSRN Stand Alone Emotional Harm: Old Wine in New Bottles. The abstract provides: In their contribution to the 2023 Clifford Symposium on Tort Law and Social Policy, Professors Kenneth Abraham and G. Edward White advance ..read more
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