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This essay challenges solitary confinement in immigration prisons and examines how solitary confinement is an extrajudicial segregation designed by courts and congressional plenary power. Topics discussed include evolution of immigration prisons that led to solitary confinement, state claims against private officials, Section 1983 claims for violations of Fifth, Eighth and 14th amendment rights, federal tort claims, habeas and international law claims, and harm-reduction legislative options.

The article discusses a reexamination of the concept of actual causation in American tort law, and it mentions the views of former and current law professors such as H.L.A. Hart and Tony Honoré, as well as information about legal principles such as but-for causation. Philosopher Ned Hall's intrinsicness thesis is addressed, along with the book "Causation and Responsibility: An Essay in Law, Morals & Metaphysics" by Michael S. Moore and sufficiency accounts in relation to causation.

The article discusses the American Supreme Court's (Court's) determination in the 2013 U.S. Alien Tort Statute (ATS)-related case Kiobel v. Royal Dutch Petroleum Co. (Kiobel) that a plaintiff cannot file an ATS lawsuit unless his or her legal claim touches and concerns the territory of the U.S. A presumption against extraterritoriality is addressed, along with the Court's jurisprudence, a proposed rule from Justice Samuel Alito, and America's separation of powers doctrine.

The article discusses the U.S. Court of Appeals for the Ninth Circuit's determination in the 2016 case Doe v. Internet Brands Inc. that immunity under Section 230 of the U.S. Communications Decency Act of 1996 (CDA) does not protect the website owner defendant from a failure-to-warn claim. American Internet law and tort immunity are addressed, along with the court's decision not to adopt an alternative understanding of the CDA. California law and rape claims are also assessed.

The article discusses the U.S. Court of Appeals for the Fourth Circuit's ruling in the 2014 case Al Shimari v. CACI Premier Technology Inc. which deals with America's Alien Tort Statute (ATS), the country's foreign relations laws, and four Iraqi nationals who claim that they were tortured by U.S. military contractors at the Abu Ghraib prison complex. It states that the ATS gives federal courts jurisdiction over certain civil actions committed by aliens. Several other legal cases are examined.

The article discusses the U.S. Court of Appeals for the Second Circuit's ruling in the 2013 case Balintulo v. Daimler AG which deals with the U.S. Alien Tort Statute (ATS) and a reported bar against common law suits which allege violations of customary international law based solely on conduct occurring overseas. The U.S. Supreme Court case Kiobel v. Royal Dutch Petroleum Co., which involves the ATS and foreign defendants, is examined. The U.S. Judiciary Act of 1789 is also assessed.

The article discusses the U.S. Court of Appeals for the Sixth Circuit's ruling in the 2013 case MacDonald v. Thomas M. Cooley Law School (Cooley) which deals with American tort law, a fraudulent misrepresentation claim, and law school-provided employment statistics. According to the article, the job prospects for Cooley graduates are poor. The Michigan Consumer Protection Act (MCPA) and motions to dismiss are examined, along with deceptive marketing practices and law school reform efforts.

The article discusses the U.S. Supreme Court's ruling in the 2013 case Kiobel v. Royal Dutch Petroleum Co. which deals with the U.S. Alien Tort Statute, a presumption against extraterritoriality, and alleged violations of universal human rights norms. Other topics include international law, comity, and the environmental impact of the defendant's oil extraction practices in Nigeria. According to the article, Nigeria's military government engaged in a violent campaign against the Ogoni people.

The article discusses the 2012 New York Court of Appeals case Yonaty v. Mincolla which deals with tort law and the defamation per se doctrine in relation to statements imputing homosexuality. The plaintiff filed a lawsuit claiming intentional infliction of emotional distress (IIED), defamation, and prima facie tort (PFT) after the defendant allegedly spread rumors about the plaintiff's sexual orientation. The defendant's summary judgment motion was granted in regards to the IIED and PFT claims.

The article discusses U.S. tort law, punitive damage awards, and preemption in light of the U.S. Supreme Court case Palsgraf v. Long Island Railroad Co. The four essential elements of a negligence claim, like the one in the case involving Helen Palsgraf, are duty, breach, causation or proximate cause, and injury. The Due Process Clause of the U.S. Constitution is also examined in relation to torts law cases.

The article focuses on how the U.S. can improve conditions for federal immigrant detainees. Topics include the increase in U.S. enforcement of immigration laws, the incidence of maltreatment of federal immigration detainees in the U.S., and U.S. government liability under the Federal Tort Claims Act (FTCA).

The article discusses the U.S. Court of Appeals for the D.C. Circuit case Ali v. Rumsfeld which deals with the U.S. Westfall Act and the immunity from prosecution protections afforded to U.S. officials for claims filed under the U.S Alien Tort Statute. The U.S. Westfall Act, which was enacted in 1988, superseded the U.S. Supreme Court case Westfall v. Erwin.

The article focuses on U.S. court case Doe VIII v. Exxon Mobil Corp. with dealt with the Alien Tort Statute (ATS). Information is provided on how the court decided that corporations would not be immune from liability under the ATS. It is noted that the petroleum company Exxon committed tortious acts by retaining Indonesian soldiers to serve as security forces at their facilities in Indonesia despite knowledge that the soldiers committed acts of violence and torture on villagers.

The article focuses on U.S. court case Hedgepeth v. Whitman Walker Clinic which dealt with tort liability for negligent infliction of emotional distress (NIED). Information is provided on how courts often apply the impact rule which allows recovery and award even when minor physical contact is made on a victim and examines the effect of the violation on an individual.

The article reviews the article "The Easy Case for Products Liability Law," by Professors John C. P. Goldberg and Benjamin C.Zipurski, which appeared in the previous issue of the journal "Harvard Law Review".

The article reviews the article "The Uneasy Case for Product Liability," by Professors A. Mitchell Polinsky and Steven Shavell, which appeared in the journal "Harvard Law Review".

The article focuses on the tension in internet law between the copyright policy objectives of the Digital Millennium Copyright Act (DMCA) and the First Amendment values of the single publication rule. It states that the defamation law provides cause of action for injuring the reputation of a person and publication is a tort when the statement reaches other people than the person discussed. It suggests copyright law to adapt itself to new paradigm of innovation.

The author discusses lex loci rule and its impact on global economic welfare, highlighting the judicial opinion of Judge Richard Posner in Spinozzi v. ITT Sheraton Corp. A overview of the liability and applicability of this rule for ordinary tort suits and Alien Tort Statute lawsuits in the United States is offered.

This Article analyzes the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain against the backdrop of the post-Enn federal common law. The Article shows that, contrary to the assertion of some commentators, Sosa did not embrace the ‘modem position’ that customary international law (CIL) has the status of self-executing federal common law to be applied by courts without any need for political branch authorization and, indeed, is best read as rejecting that position. Commentators who construe Sosa as embracing the modem position have confounded the automatic incorporation of CIL as domestic federal law in the absence of political branch authorization (that is, the modem position) with the entirely different issue of whether and to what extent a particular statute, the Alien Tort Statute (ATS), authorizes courts to apply CIL as domestic federal law. The Article also explains how CIL continues to be relevant to domestic federal common law despite Sosa's rejection of the modem position. The fundamental flaw of the modem position is that it ignores the justifications for, and limitations on, post-Erie federal common law. As the Article shows, however, there are a number of contexts in addition to the ATS in which it is appropriate for courts to develop federal common law by reference to CIL, including certain jurisdictional contexts not amenable to state regulation (namely, admiralty and interstate disputes), as well as gap-filling and interpretation of foreign affairs statutes and treaties. The Article concludes by considering several areas of likely debate during the ext decade concerning the domestic status of CIL: corporate aiding and betting liability under the ATS, application of CIL to the war on terrorism, and the use of foreign and international materials in constitutional interpretation. [ABSTRACT FROM AUTHOR]

Discusses the potential for civil remedies on the injustices of human trafficking under tort law in the U.S. Description of trafficking in the U.S.; Overview of the legal framework regarding human trafficking; Statutory claims that have been raised in civil suits by trafficking victims; Use of California law as a model to explore tort claims that may allow trafficking victims to recover fom their abusers.

The article argues that improving the tort system's ability to reduce societal risk requires the management of individual risk preferences within the tort system. It is emphasized that any comprehensive account of the class action tort system must be informed by an understanding of how people make decisions when confronted with risk.

Analyzes whether the text and underlying theory of Rule 23(b)(3), which certified mass tort class actions, are consistent with judicial consideration of the systemic investment disadvantages that mass tort plaintiffs tend to face in the conventional separate action process. Benefits of considering investment asymmetries and optimal deterrence; Consideration of investment asymmetries in the text of Rule 23(b)(3); Proposal for structuring judicial consideration of investment asymmetries as part of the Rule 23(b)(3) mass tort class action certification process.

Addresses the manner in which bankruptcy's provisions for discharge and prioritization distort ex ante investment incentives and allow creditors to ignore potential tort liability in credit pricing in the U.S. Objectives of the bankruptcy system; Factors in the reorganization process that contributes to the disruption of tort deterrence; Implications of inefficient credit pricing.

Describes tort as a debt market in the U.S. Information an a model of tort debt; Discussion on how tort introduces incentives that affect corporate behavior; Depth of a firm's tort debt market.

Contends that mandatory-litigation class action is the only option for mass tort cases in the United States. Normative argument for adjudicating mass tort cases; Critique of law professor Richard Nagareda's Put Option proposal; Chart showing the probability of recovery in a given investment in time.

Discusses the viability of mass tort class action in the United States. Class certification and class settlement structure; Plaintiff class put option; Discussion on the settlement of the class-action involving the Fen-Phen drug.

Discusses the history of the United States accident law. Details on the late nineteenth-century accident crisis; Dilemmas of classical tort law; Cooperative self-insurance and the cooperative critique of industrial accidents.

Explores the developments in the civil adjudication at the turn of the 21st century in the United States. Use of public nuisance tort against the handgun industry; Problems and proposals in punitive damages reform; Assessment of judicial decisions and legislative initiatives.

Discusses the ruling of the Ohio Supreme Court on the case Ohio Academy of Trial Lawyers versus Sheward which deals with tort reform initiative. Rule violated by the initiative; Reason for forfeiting any claim to objectivity in the separation of powers debate.

Examines the nature of the expressive harms recognized by the United States Supreme Court (SC) in the Establishment Clause. Definition of expressive harm; Distinction of expressive harms from ideological and purely subjective injury; Description of the inconsistency by which the SC has dealt with expressive harms for purposes of standing; Suggestions to reconcile inconsistencies in the treatment of expressive harms.

Argues that direct government regulation cannot adequately protect the public from the hazards of genetic engineering. Regulatory efforts to police the biotechnology field effectivity; Flaws in the tort regime; Measures taken to regulate toxic chemicals.

Discusses a proposed reconceptualizaion act of felony murder as a felony plus a death which reveal that the felony murder rule is constructed out of tort principles. Violation of the felony murder rule in basic tort law principles by condemning felons for all deaths that arise during the course of their felonious conduct; Alternatives to the mechanical treatment the felony murder rule provides criminal defendants.

Provides information on the issue of contract doctrine in line with the insurer's liability for asbestos-related disease. Contents of the Comprehensive General Liability policy and tort claims; Factors assessed for tort claims such as result of medical diagnosis and exposure of claimant; Statutory construction on the language used in contracts.

Provides information on mass exposure cases in line with the U.S. tort system. Discussion of the claims based on the 'preponderance of the evidence' rule; Examination of the causation and proportionality in awarding cases involving torts; Views on the concept of public law in connection with adjudicatory procedures.

Examines the 19th century development of the tort of interference with contractual relations. Antecedents of the tort; Details of the court case Lumley versus Gye and its application to the theory of contractual property; Discussion on the conflict posed by the tort in the 19th century.

Focuses on the measurement of damages for constitutional violations with reference to traditional tort actions in the U.S. in the 1980s. Emphasis on the case Carey v. Piphus; Description of the common law model for damage awards; Provisions of the voting rights model.

In order to serve their dual functions of compensation and deterrence, private antitrust damages must be awarded with a full recognition of their relationship to the rationale for finding an antitrust violation. In this Comment, Professor Areeda analyses several situations in which this fundamental proposition may deny money damages despite a finding that the defendant violated the law. The recur circuit court decisions in the Treadway and Fortner cases are used as illustrations of the erroneous damage awards that can result from a failure to appreciate the relationship between damages and the substantive basis for liability. [ABSTRACT FROM AUTHOR]

Discusses the private right of action recognized under the U.S. Securities and Exchange Commission's rule 10b-5. Information on the common law tort of deceit; Details of the Supreme Court's decision in the case 'Affiliated Ute Citizens vs. United States'; Private actions for securities fraud.

Discusses the tort system. Argument concerning tort compensation for pain and suffering; Explanation of insurance processes; Evaluation of tort reform proposals; Reasons for purchasing insurance against pain and suffering.

Examines the constitutional challenged posed by the concept of fighting words which in their very utterance inflict injury or tend to incite an immediate breach of peace. Details of the U.S. Supreme Court case Chaplinsky versus New Hampshire; Discussion on the jurisprudential development of inflicting an injury; Overview of a theoretical critique on the Chaplinsky doctrine.

Argues that U.S. courts should no longer conceptualize annulment as a separate and independent legal procedure, but as a possible remedy for the proposed wrongful adoption tort. Harm suffered by adopting families because of the general lack of information about adoptees; Description and critique of the legal devices that allegedly protect the rights of adopting parents; Discussion on the proposed wrongful adoption tort that integrates the legal devices into one unified proceeding.

Examines several areas of U.S. nonprofit corporation law. Data on the law of corporate governance and the fiduciary duties of nonprofits' directors; Qualifications for tax-exempt status and the taxation of revenue earned through commercial activities; Legal controls on fundraising imposed by the tax code and direct state regulation; Discussion on nonprofits' political activity; Data on tort law and other regulatory regimes that govern the nonprofit corporate sector.

Argues for an exception to claim preclusion in latent disease tort cases on a rationale similar to that underlying the discovery rule. Tension between the discovery rule and the transactional theory of modern claim preclusion doctrine; Discussion on proposal that courts allow a plaintiff to bring a second suit to recover for diseases that were unforeseeable or unlikely when she brought the initial suit; Conclusion.

Focuses on proximateness of consequences in the law of crimes and injustices. Classes of cases on proximate consequences; Examination on various elements in a tort affecting proximateness; Evaluation on rules of proximateness of consequences.

The article presents information on the trespassers in the U.S. By the Michigan rule the fact that the trespasser's presence is known has an important relation to the burden of conduct imposed upon the landowner. He is thereafter bound to exercise ordinary care with reference to the intruder. Where the owner or occupant discovers a trespasser upon the premises, he is not beyond the pale of the law, and any negligence resulting in injury will render the person guilty of negligence liable to respond in damages. By the Massachusetts rule, as usually stated, he is under no such obligation, his sole duty being to abstain from intentional injury. The conduct, which creates a liability to a trespasser in cases of this kind, has been referred to in the books in a variety of ways.

The article discusses the question that when does the violation of a criminal statute or ordinance make the wrongdoer civilly responsible in the U.S. Criminal statutes may be classified in all sorts of ways, according to the point of view from which the matter is approached. One basis of classification, however, naturally suggests itself when civil responsibility is under discussion, that is, the distinction between a statute, which forbids an act, and one, which requires affirmative action. This corresponds with a fundamental distinction in the law of torts, and as different principles are involved it will be well to deal separately with these two classes of statutes--those prohibiting action and those requiring action.

The article presents an overview of various lawsuits in the U.S. In the lawsuit State v. Gurry, the Maryland Court of Appeals was of the opinion that an ordinance does not deprive the Negro of the equal protection of the laws, which provides that in Baltimore no whites or Negroes should thereafter reside in blocks exclusively occupied for residences by the other race. No discrimination appears on the face of the ordinance, and the Maryland court upheld it on that ground. Another case discussed is C. and E.I.R. Co. v. Rouse. Acts containing only these features can have no extraterritorial effect, since it is well settled that tort rights are determined by the law of the place where the injury occurs.

The article presents information on the English Workmen's Compensation Act. The initial English Workmen's Compensation Act, enacted in 1897, takes a wholly new departure. It takes the new line of creating a duty on the part of employers to compensate workmen for accidental damage, irrespective of any fault on the part of their employers or their fellow servants. There is no need to prove any negligence of employers; and the workman loses his right by nothing short of his own serious and willful misconduct being the cause of the accident. The act covers personal injury by accident arising out of and in the course of the employment. The workman is not allowed full damages; his recovery being limited to partial compensation, which is generally proportioned to the wages, he received.

Presents reviews of court cases that were recent in June 1912. Nature and incidents of relation in a case involving a father's liability for torts by his son; Ruling that the ratification of an unauthorized agent of a contract of insurance after loss is ineffectual; Right of a consul to be appointed administrator of a foreign decedent's estate.