Social Justice Tort Theory

M Chamallas - Journal of Tort Law, 2021 - degruyter.com
Alongside the dominant law and economics and corrective justice approaches to tort law, a
new genre of tort theory based on principles and perspectives of social justice has come into …

Statistical Discrimination

S Starr - Harv. CR-CLL Rev., 2023 - HeinOnline
The National Football League (" NFL") began its 2020 season with a rebranding befitting the
times: as a racial justice ally. After years of criticism for failing to support Black players' …

Civil juror compensation and judgments of police use of force at the intersection of race and mental illness

HA Sturges, C Flick, K Provenza… - Behavioral sciences & …, 2022 - Wiley Online Library
More than 53 million people come in contact with police each year, with people of color and
those with mental illness (MI) being subjected to increased rates of contact. Sometimes …

BEYOND DISCRIMINATION LAW Realizing Equality Through Other Laws, Such as Tort Law

S Moreau - American Journal of Law and Equality, 2024 - direct.mit.edu
Social hierarchies based upon traits such as gender, race, sexual orientation, and disability
currently affect people's access to many basic goods—for instance, housing, medical care …

Judges versus jurors: Biased attributions in the courtroom

G Dominioni, P Desmet, L Visscher - Cornell Int'l LJ, 2019 - HeinOnline
The fundamental purpose of a tort trial is to allocate responsibility. The factfinder must
determine if the defendant is at fault for any harm that befell the plaintiff, whether the plaintiff …

Race-Norming and Statistical Discrimination: Beyond the NFL

SB Starr - U of Chicago, Public Law Working Paper, 2022 - papers.ssrn.com
This Article uses the recent NFL “race-norming” scandal—in which Black players with
concussion claims were scored differently on cognitive impairment tests, based on the …

Aristotelian Decency as a Corrective for Compliance-Induced Environmental Racism

DT Ostas, G de los Reyes - Geo. Env't L. Rev., 2021 - HeinOnline
This Article addresses the phenomenon of corporate compliance decisions that
systematically allocate environmental risks to low-income communities, disproportionately …

THE GEORGETOWN ENVIRONMENTAL LAW REVIEW

J Peter - ENVIRONMENTAL LAW REVIEW, 2021 - HeinOnline
In response to inconsistent and ineffective direct regulation, climate change litigation has
taken off Litigation is no longer a last resort tactic for action on climate change-instead, it is …

WHY ARE WE USING RACE AND GENDER TABLES TO SET TORT DAMAGES IN 2023?

IAN MALLERY - Bench & Bar of Minnesota, 2023 - search.ebscohost.com
The article focuses on the practice of using race and gender tables in calculating tort
damages and its implications. It raises concerns about the use of these tables, which are …

Can Damage Calculations in Tort Cases Be Unconstitutional Because They Discriminate on the Basis of Race? Yes, and Here's Why

J Wriggins - Jotwell: J. Things We Like, 2019 - HeinOnline
In basic tort damage doctrine, a person injured by a tort can recover lost wages. This means
it costs less to harm some people than others. People who earn less, whether because of …