Monthly Archive for April, 2008

Bad Faith As The Key To Tort Reform

We had an okay class discussion about tort reform recently in Torts. (At this point in the semester I think we’re all too exhausted for a heated or animated debate on the topic.)

It amuses me that the words “tort reform” are always put in quotes in our casebook - and even in the way it is mentioned by our professor. As if that’s not really what people mean when they say reform or that they’re just parroting what a lobbyist told them to say.

I have a problem with the change reformers say we need - namely, in its most common expression, that a blanket cap on punitive damages applies to all cases will mitigate whatever negative effects large jury awards have on our economy. This rigidity fails to consider the merits of an individual’s case while, at the same time, negating the role of tort law in discouraging certain corporate and individual malfeasance. It also just feels like - though may not, in fact, be - a thinly veiled handout to bad corporate actors.

Yet, I’m a”tort reform” “supporter” purely because I think the legislature acts well within its authority to ask whether awards are too large and what effect this has on the economy and society. Awards can “shock the conscience” of lawmakers too. Like many things, however, it seems the negative inertia created by opposing lobbies - trial lawyers vs. business - makes it hard to get past the entrenched positions of the two parties.

Nonetheless, based on my extensive two class-meeting consideration of this issue, my initial thought - that I hope we discuss in the comments - is that we should make bad faith a more prominent element in torts cases, particularly strict and product liability cases.

Continue reading ‘Bad Faith As The Key To Tort Reform’

Civil Law and Religious Authority

Pope Benedict the XVI is here, our Campus has been scrubbed from top to bottom, and the faithful are lining up in droves to get tickets to see the Holy Father pray the Rosary and say mass. Not being a Roman Catholic, I don’t find myself all that excited, but I respect the religious choices of many of my classmates and appreciate their excitement at his arrival.

Since this is a blog about the law, I wanted to make the following observation. In 2001, The Pope (then Joseph Cardinal Ratzinger) was the head of the Congregation for the Doctrine of the Faith. At that time, he issued a letter which asserted the Church’s right to investigate sex abuse allegations, and to keep the findings of those investigations secret for 10 years after the minor turned 18. In essence, he asserted that ecclesiastical authority supersedes the right of civil authorities to investigate criminal sexual conduct of priests with minors. While I don’t want to speculate on motivations, I will point out that this course of action does hamper prosecution of these crimes by concealing their discovery until after the statute of limitations has expired in almost every state. Continue reading ‘Civil Law and Religious Authority’

Catholic Univ. Law Professor At SCOTUS Today

Former Justice Thomas clerk and Catholic University Law Professor Peter “Bo” Rutledge will be arguing before the Supreme Court today in the case of Irizarry v. United States. The case involves the sentence imposed on a man who threatened to harm his wife. The sentence at issue exceeded the sentencing guidelines and the issue is whether the court must give the parties notice when it is considering a departure from the guidelines?

Interestingly, Rutledge was asked to give arguments in a long-standing, oft-forgotten trend involving Justices tapping former clerks to argue on behalf of parties or positions during oral arguments:

“As Justice Ruth Bader Ginsburg expressed it in a footnote in the 2003 case Clay v. United States, appointing a lawyer to defend the lower court judgment when no one else will ‘permits us to decide the case satisfied that the relevant issues have been fully aired.’”

Ennui.

:(n) a feeling of utter weariness and discontent resulting from satiety or lack of interest; boredom.

So exams are roughly 3 weeks away, and I could not care less. Sure, I’m aware of the effect that positive (or negative) grades can have on my overall academic and career trajectory, but I’m boiled cabbage compared with the ball of fire I was last semester. What’s worse is that given the way that our year long classes work, I’ll wind up getting final grades for 15 credits worth of course work, which is the same as the full timers. Still, my thoughts seem to stray (in no particular order) to golf, my folks place at the beach, and playing Pai Gow Poker at Harrah’s. I’m comforted in knowing that I’m not alone in feeling this way. When I broached the subject with Pakistani (Kazakhstani ?) Princess and the Sherpa the other night, their collective response mirrored mine in both tone and tempo.

So other than call in Underdog, what are we supposed to do? Continue reading ‘Ennui.’

Last Lawyering Skills Class

Last Lawyering Skills Class + Heineken = Recipe For Success

Dram Shop Liability (for Lousy Drinks)

So Mrs. Bombay and I were at a wedding this weekend in Philadelphia, and stopped off for a drink with some friends for a drink. The selected venue was an establishment called The Continental, which holds itself out to be a martini bar. I sat down and ordered a pair of “Dirty Goose Martini’s, Straight Up.” What I should have received was a Grey Goose Vodka martini, made with olive brine instead of dry vermouth. What I got was a warm glass of vodka, sans brine, which cost me $12. In thinking about it since, I’ve convinced myself that the problem was one of construction. The glass was not chilled prior to pouring in the contents of the shaker, which doomed it.

Now I know some of you are going to think it cowardly for me to slam this restaurant anonymously after the fact, or wondering why I just didn’t send the drink back. I think the answer is that I’m a coward who likes to stew about things. But I’ve also been fascinated by the notion of the drink order as an implied contract, and remedies available to me for a violation thereof.

Continue reading ‘Dram Shop Liability (for Lousy Drinks)’

Every Law School Needs An Official Blog

searchme-results.jpgSo, I’ve been toying around with SearchMe today. It’s a cool visual search engine (click on the screenshot to the right to see it). Still in beta form, but it’s open registration to try it out. I think it’s pretty cool. The whole premise is that you see the pages that come back in a search. They’re categorized and easy to scroll through. You can choose to see text results as well.

My search for “law school blog” yielded some interesting results. It also brought me back to a question I’ve had for a while but haven’t yet asked here: Can someone please point me to a good law school blog written by a member of the school’s administration or that is otherwise quasi-official? Our school has two that I know of (Admissions and Financial Aid).

(Incidentally, kudos to Catholic Law on the site redesign. I’m sure you’ve been working on it for a while. Well done!)

The trouble is there aren’t many. Those that exist seem to be, like Catholic’s or this one, updated sparingly and with information that is not totally useful or just downright uninteresting. Continue reading ‘Every Law School Needs An Official Blog’