Courts, Congress, and commentators commonly justify the imposition of civil liability on non-blameworthy individuals by citing various societal imperatives once described Justice Holmes as "intuitions of public policy." The current debate over reforming the federal Superfund law illustrates the...

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 follows the "polluter pays" principle by placing retroactive liability on responsible firms. Yet this cost is borne by current shareholders who did not benefit from past low-cost waste management. This...

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 follows the "polluter pays" principle by placing retroactive liability on responsible firms. Yet this cost is borne by current shareholders who did not benefit from past low-cost waste management. This...

How can the global shipping industry play its part in the fight to stop climate damage? Shipping accounts for around 90% of all international trade, and for 2.5% to 4% of all global greenhouse gas emissions, which damage the Earth’s climate. The shipping industry is also heavily concentrated....

This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...

What do you know about commercial premises liability? Do you know that Business owners generally have an obligation to keep property in a reasonably safe condition, so as to avoid injuries to customers or other individuals? What are the types of commercial premises liability? Is it everyone that...

This brief note examines the enforceability of COVID-19 workplace waivers, potential causes of action against employers sounding in tort law, and intersectionalities of federal legislation with state tort law