Turning Neighbors into Nuisances
This Article uses a forgotten period in urban development to illustrate the critical interactions among forms of private and public law in identifying the proper subjects of land use control.
Issues in Documenting and Calculating Damages: The Debate Over Medical Financing and “Phantom” Damages
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the fourth panel of the day.
U.S. Supreme Court Cites Restatement of Torts
In Torres v. Madrid, the U.S. Supreme Court held that “the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued,” and cited the Restatement of the Law, Torts, in reasoning that the common law considered the mere touching of an arrestee to be a seizure by force.
Insurer Wins Biggest ALI Liability Insurance Restatement Case To Date
While the ALI’s Restatement of the Law, Liability Insurance got off to a slow-start for the first three years, playing a substantive role in just a handful of several dozen decisions citing to it, do these four recent decisions, over three weeks, foretell a new story?
Supreme Court Says a Claim for Nominal Damages Avoids Mootness — But When Does That Matter?
The Supreme Court’s minimum requirements for standing are that a plaintiff show an injury, traceable to defendant, that the court can redress. If at any point in a litigation, these three requirements are no longer satisfied, the case becomes moot.
Developments in Punitive Damages
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the second panel of the day.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.