http://papers.ssrn.com/sol3/JELJOUR_Results.cfm?form_name=journalBrowse&journal_id=912339 LSN: Torts (Topic) SSRN content as of May 24, 2013 en-us {ts '2013-05-24 07:51:43'} SSRN RSS Generator 1.0 editor@ssrn.com webmaster@ssrn.com http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2233383 Geoffrey Christopher Rapp
Total New Downloads: 130 :: This contribution to a FIU Law Review symposium on concussions in the NFL explores the state of the science and the possibility that the family of a former NFL player could recover from the NFL in the event that the former player committed suicide. While the link between brain injury, depression and suicide is both logical and supported by some emerging science, the paper suggests that significant legal obstacles would confront any such claim. ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2233383 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248145 Max N. Helveston
Total New Downloads: 109 :: Medical device jurisprudence has taken a turn for the worse recently, turning a deaf ear to patients who have been injured or killed by devices and covertly expanding the boundaries of federal preemption in ways that threaten fundamental contractual principles. Ever since the Court’s holding in Riegel v. Medtronic, district and appellate courts have effectively immunized the manufacturers of certain devices from contract, as well as tort, liabilities. The lower courts’ rulings are not only ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248145 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2236243 Nathan B. Oman, Jason M. Solomon
Total New Downloads: 91 :: In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival. Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2236243 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2240027 Lawrence Alexander, Kimberly Kessler Ferzan
Total New Downloads: 88 :: What justifies tort law? Once we identify a domain that is central to if not co-extensive with “torts,” we will find that it consists of a motley collection of doctrines that are impossible to justify under any recognizable and attractive normative principles. ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2240027 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2254354 andré douglas pond cummings
Total New Downloads: 68 :: By all accounts, Tiaina “Junior” Seau was an extraordinary professional athlete. Seau’s career in the National Football League (“NFL”) spanned two decades as he battled furiously as a linebacker for the San Diego Chargers, Miami Dolphins, and the New England Patriots. His performance on the field of play was exceptional; he was selected to the Pro Bowl twelve times and will most certainly be voted into the NFL Hall of Fame when he becomes eligible in 2015. Despite Seau’s unparalleled career, ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2254354 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2244616 Barbara McDonald
Total New Downloads: 64 :: Outside the United States, the common law has not yet recognised any overarching tort of “invasion of privacy”, nor is “privacy” the compendious notion that underlies protection of various interests in the United States. Yet there is substantial protection of privacy from the common law and existing legislation. If there is a gaping hole in that protection it may be because of a soundly-based caution or a divergence of views on whether it would be in the community’s interests to fill it. Or it ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2244616 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2246494 Michael L. Rustad
Total New Downloads: 64 :: Each year the current chair of the Section on Torts and Compensation Systems has the privilege of proposing the topic for the section’s panel at the annual meetings. I organized an authors-meet-critics American Association of Law Schools (AALS) Annual Meeting panel highlighting the work of John Goldberg and Benjamin Zipursky because they have established a substantial beachhead in American tort jurisprudence with their theory of civil recourse. This symposium issue of the Indiana Law Journal ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2246494 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2231841 Ulrich G. Schroeter
Total New Downloads: 61 :: The exact definition of the substantive scope of the United Nations Convention on Contracts für the International Sale of Goods (CISG) of 11 April 1980 is a difficult but necessary task: Necessary because the scope determines over which domestic rules of law the Convention prevails, thereby preempting the concurrent domestic law’s application, and difficult because the CISG itself provides limited guidance about the method through which this definition is to be achieved. This article ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2231841 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2258311 Daphna Lewinsohn-Zamir
Total New Downloads: 52 :: Private law provides diverse remedies for right violations: compensatory and punitive, monetary and non-monetary, self-help and court-awarded. The literature has discussed these (and other) classifications of remedies, yet it overlooked the important distinction between direct and indirect remedies. Some remedies directly order right-infringers to realize the desired outcome, while others bring it about indirectly, by inducing them to self-comply. This classification cuts across the traditional ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2258311 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2091914 Kit Barker
Total New Downloads: 51 :: This piece examines the meaning of vindication in private law and the relationship between this concept and the remedies which private law provides where rights are infringed. In contrast to some other approaches, it suggests that there is no single, institutional conception of what it means to vindicate rights in private law. Rather, it argues that the general conception of vindication is a mixed one - both in the sense that it overarches a number of more discrete and distinct ideas; and in ...]]> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2091914