Tort Liability

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

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

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.