Tort Liability

Businesses That Reopen Unsafely Should be Subject to Liability

Businesses That Reopen Unsafely Should be Subject to Liability

Conflicting signals from public officials about when and how to restart the economy following the COVID-19 shutdown hardly inspire confidence.

Regulating Safety After Merck v. Albrecht

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

The Case for Regulating After Harms Occur

The Case for Regulating After Harms Occur

Scholar argues that society is best off when regulators punish violations after the fact.

Why Litigation Cannot Adequately Address Local Climate Adaptation Efforts

Why Litigation Cannot Adequately Address Local Climate Adaptation Efforts

New York City – and most cities – will not be held liable for their coastal adaptation efforts.