Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...
Mark Geistfeld | October 3, 2017 | Torts: Intentional Torts to Persons
According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive...
Stephen Sugarman | September 29, 2017 | Torts: Intentional Torts to Persons
ABSTRACTThis article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.The advantages of a single tort of wrongfully causing physical harm to...
Pauline Toboulidis | August 30, 2017 | Torts: Intentional Torts to Persons
The U.S. Court of Appeals for the Sixth Circuit upheld a lower court decision dismissing a law professor’s lawsuit against Ohio Northern University Pettit College of Law’s former interim dean. In his assault and battery suit, the plaintiff alleged that he suffered...
Nicole D. Milos | July 18, 2017 | Torts: Intentional Torts to Persons
At the 2010 White House Correspondents’ dinner, then President Obama joked, that Sasha and Malia were big fans of the Jonas brothers, however, he cautioned, “boys, don’t get any ideas— I’ve got two words for you ‘Predator Drones’—you will never see it coming.”1...
Alexandra Brodsky | May 2, 2017 | Sexual Assault, Torts: Intentional Torts to Persons
Nonconsensual condom removal during sexual intercourse exposes victims to physical risks of pregnancy and disease and, interviews make clear, is experienced by many as a grave violation of dignity and autonomy. Such condom removal, popularly known as “stealthing,” can...