This Article advances a novel positive theory of tort law. The Article’s core insight is that the benefit from the harm-causing activity determines the form and substance of tort liability. This finding is surprising and innovative, since tort scholars universally believe that the doctrines determining individuals’ liability for accidents—negligence, causation, and damage—are driven by harms, not...
No. 3
Miriam Cedarbaum had been a judge on the U.S. District Court for the Southern District of New York for six years when I joined that court in 1992. I count myself as lucky for so many reasons, but getting to serve alongside and learn from Judge Cedarbaum falls high on that list. Judge Cedarbaum […]
I must confess that I don’t read law reviews. Of course, I read law review articles, in the course of judicial research and keeping in touch with academic literature in areas of my scholarly interest, but like most judges and lawyers, I don’t have time or interest to just pick up the latest issue […]
The Constitution has long protected the rights of individuals to procreate and parent, free from government intrusion. But as new technologies stretch the boundaries of what it means to create a family, the scope of these rights have come into question. Specifically, modern advances in genetic modification will soon allow parents to make direct modifications to particular embryos. The possibility of such advances gives rise to questions about how...
The United States is the single remaining United Nations (UN) member state that has not ratified the UN Convention on the Rights of the Child (CRC), the most important international human rights treaty governing children’s rights. This Note focuses on a key objection to U.S. ratification of the CRC: the fear that its emphasis on children’s rights threatens parents’ rights under U.S. law. This Note uses Article 12 of the CRC, which recognizes...