Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogGoldberg on Solomon on Civil Recourse & Torts
By Lawrence Solum
John C.P. Goldberg (Harvard Law School) has posted Wrongs Without Recourse: A Comment on Jason Solomon's Judging Plaintiffs (Vanderbilt Law Review, Vol. 61, No. 9, 2008) on SSRN. Here is the abstract:
Jason Solomon's very interesting article Judging Plaintiffs argues that neither efficient-deterrence theories nor corrective justice theories adequately explain the existence of rules that bar or limit recovery by a tort victim on the ground that she failed to take certain pre-tort steps to protect herself from harm, or failed to take certain post-tort steps in response to the harm. The vitality of these "judging plaintiffs" doctrines, he maintains, attests to the superiority of an alternative theory of tort known as civil recourse theory. According to Solomon, recourse theory treats tort law as one component of a liberal political order and thus explains these doctrines in terms of a liberal principle calling for state nonintervention where it was or is unnecessary. In this comment, I situate Judging Plaintiffs within current tort theory debates, describe briefly its major claims, and discuss some of the doctrinal and theoretical strengths and weaknesses of the position it stakes out.
Full post as published by Legal Theory Blog on December 08, 2008 (boomark / email).
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Gay Marriage Laws
Where same sex couples can marry
Civil / Human Rights
alleging violations of basic human and civil rights.
RC2 Corp to Pay $1.25 Million Civil Penalty
RC2 Corp to Pay $1.25 Million Civil Penalty >
Faulty Homes
Fleetwood Enterprises Inc. pays HUD $75,000 civil penalty for defective construction.
Health Plan Boycott
Connecticut chiropractic groups to pay $87,000 fine in civil suit.
Becker County
Faces Civil Rights Class Action by Inmates and their Attorneys
Marketing Spam
Member Source Media pays $200,000 civil penalty for deceptive online advertising.

Solomon on Civil Recourse Theory and Tort Law
Goldberg on Solomon's "Judging Plaintiffs"
Solomon on "Judging Plaintiffs"









