Intentional Torts Posts
The following entry contains the Black Letter and Comments a and b to § 37 of Tentative Draft No. 5, Chapter 3. Privileges, Topic 4. Arrest and Prevention or Termination of Crime, from Restatement of the Law Third, Torts: Intentional Torts to Persons. The full draft contains additional Comments and Reporters’ Notes.
In this video summary, Reporters Kenneth W. Simons and W. Jonathan Cardi walk through portions of Tentative Draft No. 5 (2020) of Restatement of the Law Third, Torts: Intentional Torts to Persons, which contains Sections from Chapter 3, Privileges.
The following entry contains the Scope Note and select Black Letter of Tentative Draft No. 5, Chapter 3. Privileges, Topic 3. Defense of Actor’s Interest in Possession of Land and Personal Property, from Restatement of the Law Third, Torts: Intentional Torts to Persons. The full draft contains Comments and Reporters’ Notes.
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
The following entry contains the Black Letter and Comments b, c, and d of Tentative Draft No. 4, Section 12. Categories of Consent That Preclude Liability.
The following entry contains the Scope Note appearing at the beginning of Chapter 2 – Consent, featured in Tentative Draft No. 4 of Restatement of the Law Third, Torts: Intentional Torts to Persons.
In this episode of Reasonably Speaking, NYU Law’s Erin Murphy and UC Irvine Law’s Ken Simons explore the difference between criminal law and tort law in the United States and then focus on how “consent” is, and should be, defined in sexual assault allegations.
During its meeting in New York City on October 18 and 19, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
The five thoughtful, incisive articles by Professors Bernstein, Chamallas, Geistfeld, Moore, and Sugarman offer a breathtaking range of perspectives on the Restatement, Third of Torts: Intentional Torts to Persons (“ITR”). Some view tort law from the widest vantage point, inquiring whether this forest deserves its own appellation or should instead be assimilated to the rest of tort’s greenery. Some focus more on the trees–on the distinct doctrines that characterize the torts and defenses that ITR is restating. In this response, we engage with the participants at both levels.
In his Chancellor’s lecture at UCI School of Law, “Assumption of Risk and Consent in the Twenty-First Century,” Kenneth W. Simons discusses the definitions of consent and assumption of risk with illustrations referencing Harry Houdini, the infamous “Flopper” ride from Coney Island, and Sluggerrr the Kansas City Royals mascot hitting a fan with a hot dog.