Commentary on Boyles v. Kerr (Texas 1993) for Feminist Judgments: Rewritten Torts Opinions

Working Paper/Commentary on Cristina Carmody Tilley's Rewritten Opinion in Boyles v. Kerr (Feminist Judgments: Rewritten Torts Opinions, Cambridge University Press 2020, Forthcoming)

UC Davis Legal Studies Research Paper Forthcoming

23 Pages Posted: 22 Jun 2021 Last revised: 13 Jul 2021

See all articles by Lisa R. Pruitt

Lisa R. Pruitt

University of California, Davis - School of Law

Date Written: 2020

Abstract

This paper comments on Professor Cristina Tilley's rewritten feminist opinion in Boyes v Kerr (Texas 1993). The Texas Supreme Court in Boyles v. Kerr rigidly refused to extend the state’s negligent infliction of emotional distress (NIED) precedents to permit recovery when the plaintiff was a young woman (Susan Kerr) whose emotional distress was the consequence of her lover (Dan Boyles, Jr.,), in collaboration with three friends, surreptitiously videotaping the pair having sex and then sharing the video with his fraternity brothers at the University of Texas. But the feminist rewrite of Professor Tilley (writing as Justice Tilly) makes clear that the salient doctrines were and are more than capacious enough to have permitted Kerr’s NIED recovery. In fact, the myriad opinions in Boyles, as well as their extensive discussion of NIED’s history and precedents, reveal a highly malleable claim, the evolution of which reveals clearly gendered themes and trends.

Keywords: torts, intentional infliction of emotional distress, negligent infliction of emotional distress, feminism, feminist legal theory

Suggested Citation

Pruitt, Lisa R., Commentary on Boyles v. Kerr (Texas 1993) for Feminist Judgments: Rewritten Torts Opinions (2020). Working Paper/Commentary on Cristina Carmody Tilley's Rewritten Opinion in Boyles v. Kerr (Feminist Judgments: Rewritten Torts Opinions, Cambridge University Press 2020, Forthcoming) , UC Davis Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3867888 or http://dx.doi.org/10.2139/ssrn.3867888

Lisa R. Pruitt (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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