Torts: Intentional Torts to Persons Posts
False Imprisonment: What Constitutes a Confinement and Confinement by Assertion of Legal Authority?
In this video, project Reporters Ken Simons and Jonathan Cardi discuss what makes a confinement an intentional tort, including confinement by assertion of legal authority.
Journal of Tort Law Examines the Restatement Third: Intentional Torts
The faculty-edited Journal of Tort Law is hosting a symposium on the Restatement of the Law Third, Torts: Intentional Torts to Persons.
Court decision impacts privacy claims
A trio of Wyoming Supreme Court decision released Dec. 19 have established an avenue for plaintiffs to collect damages for privacy invasion in the Cowboy State for the first time.
October Council Meeting Updates
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:
Conceptualizing the Intentional Torts
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 category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.
Restating the Tort of Battery
This 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.
Sixth Circuit Cites Torts Restatement in Battery Opinion
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.
It’s a Bird! It’s a Plane! No…It’s a Drone. How Privacy Laws Fare in the Age of Private-Use UAVs
This focuses on the claims for invasion of privacy and the four causes of action generally contained therein. These four claims can be defined as public disclosure of private facts, intrusion upon seclusion, false light, and appropriation of name or likeness.
“Rape-Adjacent”: Imagining Legal Responses To Nonconsensual Condom Removal
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.
Confinement by Assertion of Legal Authority
The ALI Adviser regularly shares content of ALI drafts. Due to the length of the Section, full black letter and the first paragraph of each comment section are included below.