Torts 2020 - Revision history

Neumoeglich: Neumoeglich moved page Torts2020 to Torts 2020 without leaving a redirect

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Neumoeglich moved page Torts2020 to Torts 2020 without leaving a redirect

Neumoeglich: /* Other torts */

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Other torts

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Other torts

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 # Reread [[Case briefs]].
 # Panopto lecture on "Exam Strategies"
-# Take the new practice exam as a timed four-hour exam.
+# Take the new practice exam as a timed four-hour exam

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	# By the date that I announce, you must have completed all the classes under "Other torts," '''including''' the practice exam. This means reading the assigned materials, watching the recorded lectures, and taking the full-length practice exam ''as a timed four-hour exam''.		# By the date that I announce, you must have completed all the classes under "Other torts," '''including''' the practice exam. This means reading the assigned materials, watching the recorded lectures, and taking the full-length practice exam ''as a timed four-hour exam''.
	# Because I have prerecorded these lectures, you have complete control over how to manage your Torts time. You are welcome to ask me for my recommended study schedule.		# Because I have prerecorded these lectures, you have complete control over how to manage your Torts time. You are welcome to ask me for my recommended study schedule.
		+
		+	=== Trespass, nuisance, and abnormally dangerous activities ===
		+	# Understanding Torts chapters 16 & 18
		+	# Panopto lecture on "Trespass, Nuisance, and Abnormally Dangerous Activities"
		+
		+	=== Products liability ===
		+	# Understanding Torts chapter 17
		+	# Panopto lecture on "Products Liability"
		+
		+	=== Privacy and reputational torts ===
		+	# Understanding Torts chapters 21-22
		+	# Panopto lecture on "Reputational and Privacy Torts"
		+
		+	=== Practice exam ===
		+	# Reread the syllabus.
		+	# Reread [[Case briefs]].
		+	# Panopto lecture on "Exam Strategies"
		+	# Take the new practice exam as a timed four-hour exam.

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	# [https://www.mwl-law.com/wp-content/uploads/2018/02/JOIN-AND-SEVERAL-LIABILITY-AND-CONTRIBUTION-LAWS.pdf Matthiesen, Wickert & Lehrer, Joint and several liability and contribution laws in all 50 states (2018)]		# [https://www.mwl-law.com/wp-content/uploads/2018/02/JOIN-AND-SEVERAL-LIABILITY-AND-CONTRIBUTION-LAWS.pdf Matthiesen, Wickert & Lehrer, Joint and several liability and contribution laws in all 50 states (2018)]
	## Browse this 50-state survey.		## Browse this 50-state survey.
		+
		+	=== Seatbelts ===
		+	'''Before class'''
		+	# Note: I encourage you to read these materials only after we finish our prior class (though you may read them earlier if your schedule requires).
		+	# Wise v. Broadway, 315 S.C. 273 (1993)
		+	# Keaton v. Pearson, 292 S.C. 579 (1987)
		+	# S.C. Code Ann. §§ 56-5-6520, 6530, 6540
		+	'''After class'''
		+	# There is no formal after-class assignment.
		+
		+	== Other torts ==
		+	=== Instructions ===
		+	# [[Torts notes#Course philosophy\|Course philosophy: Depth and breadth]]
		+	# By the date that I announce, you must have completed all the classes under "Other torts," '''including''' the practice exam. This means reading the assigned materials, watching the recorded lectures, and taking the full-length practice exam ''as a timed four-hour exam''.
		+	# Because I have prerecorded these lectures, you have complete control over how to manage your Torts time. You are welcome to ask me for my recommended study schedule.

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	'''After class'''		'''After class'''
	# Understanding Torts § 15.05		# Understanding Torts § 15.05
		+
		+	=== The doctrinal messiness of rescue ===
		+	'''Before class'''
		+	# Recall our materials on the duty to act affirmatively.
		+	# Wagner v. Int'l Ry. Co., 232 N.Y. 176 (1921)
		+	# Kimble v. Carey, 279 Va. 652 (2010)
		+	# Levandoski v. Cone, 267 Conn. 651 (2004)
		+	# Neighbarger v. Irwin Industries, Inc., 8 Cal.4th 532 (Cal. 1994)
		+	'''After class'''
		+	# Tort theory: How does rescue relate to each of the elements of and affirmative defenses to a negligence claim?
		+	# Restatement (Third) of Torts: Phys. & Emot. Harm § 32
		+	## Read the comment.
		+
		+	== Negligence: Awards ==
		+	=== Making the plaintiff whole ===
		+	'''Before class'''
		+	# Strawder v. Zapata Haynie Corp., 649 So. 2d 554 (La. Ct. App. 1994)
		+	# The Saginaw, 139 F. 906 (S.D.N.Y. 1905)
		+	'''After class'''
		+	# There is no formal after-class assignment.
		+
		+	=== Discrimination ===
		+	'''Before class'''
		+	# [https://www.nytimes.com/2020/08/25/sports/football/nfl-concussion-racial-bias.html Ken Belson, Black former N.F.L. players say racial bias skews concussion payouts, N.Y. Times (2020)]
		+	# G.M.M. ex rel. Hernandez-Adams v. Kimpson, 116 F. Supp. 3d 126 (E.D.N.Y. 2015)
		+	# [https://harvardcrcl.org/the-problem-with-defining-tort-harms-in-terms-of-race-and-gender/ Jesse Schwab, The problem with defining tort damages in terms of race and gender, Harvard Civil Rights - Civil Liberties Law Review (2019)]
		+	'''After class'''
		+	# [https://www.washingtonpost.com/graphics/business/wonk/settlements/ Kim Soffen, In one corner of the law, minorities and women are often valued less, Washington Post (2016)]
		+
		+	=== Initial apportionment ===
		+	'''Before class'''
		+	# [https://www.mathsisfun.com/percentage.html Math is Fun, Introduction to percents]
		+	# [https://www.mathsisfun.com/percentage-points.html Math is Fun, Percentage points]
		+	# Campione v. Soden, 150 N.J. 163 (1997)
		+	# Flowers v. Sw. Airlines Co., No. 1:05CV1399 JDTWTL, 2007 WL 118874 (S.D. Ind. Jan. 10, 2007)
		+	# Machin v. Carus Corp., 419 S.C. 527 (2017)
		+	# S.C. Code Ann. § 15-38-15
		+	'''After class'''
		+	# Understanding Torts §§ 13.03
		+	# You may also wish to review Understanding Torts §§ 13.01-02.
		+
		+	=== Contribution, indemnification, and settlement ===
		+	'''Before class'''
		+	# South Carolina Contribution Among Tortfeasors Act
		+	## The South Carolina Contribution Among Tortfeasors Act is codified as chapter 38 of Title 15 of the South Carolina Statutes (S.C. Code Ann. § 15-38-10 through S.C. Code Ann. § 15-38-70).
		+	'''After class'''
		+	# [https://www.mwl-law.com/wp-content/uploads/2018/02/JOIN-AND-SEVERAL-LIABILITY-AND-CONTRIBUTION-LAWS.pdf Matthiesen, Wickert & Lehrer, Joint and several liability and contribution laws in all 50 states (2018)]
		+	## Browse this 50-state survey.

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	# [https://owl.purdue.edu/owl/general_writing/academic_writing/logic_in_argumentative_writing/fallacies.html Purdue Online Writing Lab, Logical fallacies]		# [https://owl.purdue.edu/owl/general_writing/academic_writing/logic_in_argumentative_writing/fallacies.html Purdue Online Writing Lab, Logical fallacies]
	# If you are interested: For more many logical fallacies, see, e.g., [https://en.wikipedia.org/wiki/List_of_fallacies this list] and [http://utminers.utep.edu/omwilliamson/ENGL1311/fallacies.htm this list].		# If you are interested: For more many logical fallacies, see, e.g., [https://en.wikipedia.org/wiki/List_of_fallacies this list] and [http://utminers.utep.edu/omwilliamson/ENGL1311/fallacies.htm this list].
		+
		+	== Negligence: Damages ==
		+	=== Types of damages ===
		+	'''Before class'''
		+	# How would you describe the relationship between the duty and damage elements? In particular, recall our discussion of pure emotional harm and pure economic harm. Note, in this regard, one of the differences between how the Restatement (Third) states the general duty rule ("An actor ordinarily has a duty to exercise reasonable care when the actor's conduct creates a risk of physical harm.") and how I state the general duty rule ("An actor has a duty to exercise reasonable care when the actor's affirmative conduct results in physical harm.").
		+	# Marsch v. Am. Elec. Power Co., 207 W. Va. 174 (1999)
		+	# Spires v. Oxford Mining Co., 2018-Ohio-2769
		+	# [https://www.vox.com/policy-and-politics/2016/12/16/13971482/mcdonalds-coffee-lawsuit-stella-liebeck German Lopez, What a lot of people get wrong about the infamous 1994 McDonald's hot coffee lawsuit, Vox (2016)]
		+	'''After class'''
		+	# Understanding Torts chapter 14
		+	# Looking ahead: At this point, you should understand the categories of harms for which tort law recognizes a remedy. After exploring affirmative defenses, we will look more closely at how damages are calculated and apportioned.
		+
		+	== Negligence: Affirmative defenses ==
		+	=== Contributory negligence, comparative fault, and assumption of risk ===
		+	'''Before class'''
		+	# Mowrey v. Cent. City R. Co., 51 N.Y. 666 (1873) (again)
		+	# Langley v. Boyter, 284 S.C. 162 (Ct. App. 1984)
		+	# Langley v. Boyter, 286 S.C. 85 (1985)
		+	# Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)
		+	## Is this opinion just dicta?
		+	# Davenport v. Cotton Hope Plantation Horizontal Prop. Regime, 333 S.C. 71 (1998)
		+	'''After class'''
		+	# Understanding Torts §§ 15.01-15.03
		+
		+	=== Statutes of limitation and repose ===
		+	'''Before class'''
		+	# Wassell v. Adams, 865 F.2d 849 (7th Cir. 1989)
		+	# Shlien v. Bd. of Regents, Univ. of Nebraska, 263 Neb. 465 (2002)
		+	'''After class'''
		+	# Read and reflect on your classmates' comments.
		+	# Understanding Torts §§ 15.04-05
		+	# Optional: Restatement (Third) of Torts: '''Apportionment of Liability''' (especially §§ 1-9)
		+
		+	=== Immunities ===
		+	'''Before class'''
		+	# In re World Trade Ctr. Bombing Litig., 17 N.Y.3d 428 (2011)
		+	## How does this opinion compare to the intermediate appellate court opinion that you read previously?
		+	# [https://centerjd.org/content/faq-feres-doctrine Center for Justice and Democracy, FAQ: The Feres doctrine]
		+	# 10 USC § 2733a (Medical malpractice claims by members of the uniformed services)
		+	## Do you prefer reading cases or code?
		+	# [https://www.scstatehouse.gov/sess123_2019-2020/bills/5527.htm SC Liability Safe Harbor Act (proposed)]
		+	# [https://www.lawfareblog.com/hold-police-accountable-changing-public-tort-law-not-just-qualified-immunity Paul Stern, Hold police accountable by changing public tort law, not just qualified immunity, Lawfare (2020)]
		+	'''After class'''
		+	# Understanding Torts § 15.05

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	'''After class'''		'''After class'''
	# There is no formal after-class assignment today.		# There is no formal after-class assignment today.
		+
		+	=== Foreseeability ===
		+	'''Before class'''
		+	# Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992)
		+	# Worsham v. Nix, 83 P.3d 879 (Ct. Civ. App. Okla. 2003)
		+	# Dupray v. JAI Dining Servs. (Phoenix), Inc., 245 Ariz. 578 (Ct. App. 2018)
		+	# Brewster v. Prince Apartments, Inc., 264 A.D.2d 611 (1999)
		+	'''After class'''
		+	# Understanding Torts chapter 12
		+	# Restatement (Third) of Torts: Phys. & Emot. Harm chapter 6 (§§ 29-36)
		+
		+	=== Scope of liability summary ===
		+	'''Before class'''
		+	# In a group of your choosing:
		+	## Write a hypo focused on scope of liability.
		+	## Carefully outline a model answer for your hypo.
		+	## Save the hypo and outline as separate PDF documents. Make sure your names and email addresses are on both documents.
		+	## Print and bring both documents to our next class.
		+	# Note that:
		+	## As long as you work with at least one other student in this class, you may form your own group. (You are welcome to continue working with some or all of your CCC team.)
		+	## In general, a good hypo allows you to make arguments ( based in law, fact, policy, procedure, or practice) for both the plaintiff(s) and the defendant(s).
		+	## A student should be able to read, analyze, and answer your hypo in about 30 minutes.
		+	'''After class'''
		+	# [http://volokh.com/2011/08/18/legal-policy-arguments-post-1-of-2-tying-abstract-arguments-to-concrete-ones/ Eugene Volokh, Legal policy arguments (post 1 of 2) — Tying abstract arguments to concrete ones, The Volokh Conspiracy (2011)]
		+	# [http://volokh.com/2011/08/18/legal-policy-arguments-post-2-of-2-%E2%80%94-morality-efficiency-and-questions-to-ask-yourself/ Eugene Volokh, Legal policy arguments (post 2 of 2) — Morality, efficiency, and questions to ask yourself, The Volokh Conspiracy (2011)]
		+	# [https://owl.purdue.edu/owl/general_writing/academic_writing/logic_in_argumentative_writing/fallacies.html Purdue Online Writing Lab, Logical fallacies]
		+	# If you are interested: For more many logical fallacies, see, e.g., [https://en.wikipedia.org/wiki/List_of_fallacies this list] and [http://utminers.utep.edu/omwilliamson/ENGL1311/fallacies.htm this list].

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	'''After class'''		'''After class'''
	# Court opinion: How would you, as a judge, answer today's question? Write an individual one-paragraph judicial opinion.		# Court opinion: How would you, as a judge, answer today's question? Write an individual one-paragraph judicial opinion.
		+
		+	== Negligence: Scope of liability ==
		+	=== Palsgraf v. LIRR ===
		+	'''Before class'''
		+	# Palsgraf v. Long Island R. Co., 248 N.Y. 339 (1928)
		+	# Illustrate the scene on the LIRR platform at issue in Palsgraff v. LIRR. You can draw it, animate it, reenact it, depict it through poetry, or capture it in any other manner of your choosing.
		+	# [[Torts notes#Story of Palsgraf\|The story of Palsgraf]]
		+	# Michael I. Krauss, Palsgraf: The Rest of the story (book review), 9 Green Bag 2d 309 (2006)
		+	# Kim Lane Scheppele, Cultures of facts, 1 Perspectives on Politics 363-68 (June 2003)
		+	## You can access JSTOR using your UofSC credentials.
		+	# Roberts v. Benoit, 605 So. 2d 1032 (La. 1991), on reh'g (May 28, 1992)
		+	# Juisti v. Hyatt Hotel Corp. of Maryland, 94 F.3d 169 (4th Cir. 1996)
		+	'''After class'''
		+	# There is no formal after-class assignment today.

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	# Understanding Torts § 11.04[D]-[E]		# Understanding Torts § 11.04[D]-[E]
	# [https://www.law.com/sites/almstaff/2017/04/12/so-awkward-what-to-do-when-a-justice-butchers-a-pronunciation-from-the-bench/ Tony Mauro, So awkward! What to do when a justice butchers a pronunciation from the bench?, Law.com (2017)]		# [https://www.law.com/sites/almstaff/2017/04/12/so-awkward-what-to-do-when-a-justice-butchers-a-pronunciation-from-the-bench/ Tony Mauro, So awkward! What to do when a justice butchers a pronunciation from the bench?, Law.com (2017)]
		+
		+	=== Factual cause summary ===
		+	'''Before class'''
		+	# [https://www.researchgate.net/publication/259634408_Tracing_anthropogenic_carbon_dioxide_and_methane_emissions_to_fossil_fuel_and_cement_producers_1854-2010/link/02e7e537b9b5a516e1000000/download Richard Heede, Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854–2010, Climatic Change (2014)]
		+	# [https://www.scientificamerican.com/article/scientists-can-now-blame-individual-natural-disasters-on-climate-change/ Chelsea Harvey, Scientists can now blame individual natural disasters on climate change, ClimateWire (2018)]
		+	# [[Torts CCC#Emissions arguments\|CCC: Emissions arguments]]
		+	'''After class'''
		+	# Court opinion: How would you, as a judge, answer today's question? Write an individual one-paragraph judicial opinion.

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	# Understanding Torts § 11.04[D]-[E]		# Understanding Torts § 11.04[D]-[E]
	# [https://www.law.com/sites/almstaff/2017/04/12/so-awkward-what-to-do-when-a-justice-butchers-a-pronunciation-from-the-bench/ Tony Mauro, So awkward! What to do when a justice butchers a pronunciation from the bench?, Law.com (2017)]		# [https://www.law.com/sites/almstaff/2017/04/12/so-awkward-what-to-do-when-a-justice-butchers-a-pronunciation-from-the-bench/ Tony Mauro, So awkward! What to do when a justice butchers a pronunciation from the bench?, Law.com (2017)]
−
−	~~=== Factual cause summary ===~~
−	~~'''Before class'''~~
−	# [https://www.researchgate.net/publication/259634408_Tracing_anthropogenic_carbon_dioxide_and_methane_emissions_to_fossil_fuel_and_cement_producers_1854-2010/link/02e7e537b9b5a516e1000000/download Richard Heede, Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854–2010, Climatic Change (2014)]
−	# [https://www.scientificamerican.com/article/scientists-can-now-blame-individual-natural-disasters-on-climate-change/ Chelsea Harvey, Scientists can now blame individual natural disasters on climate change, ClimateWire (2018)]
−	~~# [[Torts CCC#Emissions arguments\|CCC: Emissions arguments]]~~
−	~~'''After class'''~~
−	~~# Court opinion: How would you, as a judge, answer today's question? Write an individual one-paragraph judicial opinion.~~