Search results for: "tort law hypotheticals" (22 results)
VERMEULEFINAL.DOC OCTOBER 16, 2001 10/16/01 5:22 PM 399 Veil of Ignorance Rules in Constitutional Law Adrian Vermeule† A veil of ignorance rule (more
yale law journal 122:1254 2013 1266 not bring both contractual and tort claims and then argue that regardless of the outcome on each
“ permanent damages.” 115 Although the case involved the tort of nuisance, the decision can be seen, and is indeed perceived by law and economics scholars
presenting a similar example). Indeed, the common law tort of battery includes offensive touching of objects, such as a victim’s cane or dinner
part on this persistence. Under the gen- eral-law model, courts would use common-law concepts from property and tort law—things like trespass
of self-defense, or tort, or criminal law, did the Second Amendment put beyond the powers of legislatures, executives, and courts, and, conversely
state tort law who defends on the ground that the suit is preempted by federal regulatory law. No private federal right of action exists to enforce
state contract and tort law,” and the Court should not impose a federal vision of integrity on state actions. Ciminelli v. United States, 598 U.S. 306
rethink this absolute prohibition, trotting out familiar law school hypotheticals dealing with ticking time bombs and the like.96 But I am entirely
Extraterritorial Application of U.S. Constitutional Law abstract. From the early days of the Republic, courts have encountered the question of whether and to