Author Archives: Brian Wolfman

The next coronavirus relief bill and tort deform

Law prof Daniel Hemel (@DanielJHemel) has posted a detailed series of tweets skewering the tort-deform provisions in the Republican-sponsored coronavirus relief bill. I recommend reading these tweets. Hemel begins with the statement that "[t]he liability provisions in McConnell’s 'HEALS Act' do not reflect a serious attempt to address problems with the tort system" and then […]

Interesting environmental-law-oriented nuisance case from the Third Circuit

I thought our readers might want to look at an interesting new decision from the Third Circuit about common-law nuisance under Pennsylvania law. The decision is Baptiste v. Bethlehem Landfill Company. The first two paragraphs of the opinion offer a synopsis: Robin and Dexter Baptiste brought an action against the Bethlehem Landfill Company on behalf […]

Critique of the ALI’s draft Restatement of the Law of Consumer Contracts

Law prof Mark Budnitz has written The Restatement of the Law of Consumer Contracts: The American Law Institute's Impossible Dream. Here is the abstract: The American Law Institute has been attempting to write a Restatement of the Law of Consumer Contracts since 2012. The proposed Restatement has gone through ten drafts and has generated considerable […]

The Trump Administration’s Attacks on Regulatory Benefits

Read The Trump Administration’s Attacks on Regulatory Benefits by law prof RIchard Revesz. Here's the abstract: For the last four decades, benefit-cost analysis has been a mainstay of the U.S. federal regulatory process and, under Executive Orders in effect since 1981, such analysis must generally be used to justify significant federal regulations. While administrations of […]

Brian Fitzpatrick on “Why Class Actions Are Something both Liberals and Conservatives Can Love”

Law prof Brian Fitzpatrick has written Why Class Actions Are Something both Liberals and Conservatives Can Love, which does a number of interesting things including defend the class-action cy pres doctrine. Here's the abstract:  In Professor Redish’s review of my new book, The Conservative Case for Class Actions, he argues that liberals should oppose the […]