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Tort law
In: The international library of essays in law and legal theory
In: Areas 2
Harmonizing Tort Law: A Comparative Tort Law and Economics Analysis
In: TORT LAW AND ECONOMICS, Michael Faure, ed., Cheltenham: Edward Elgar, pp. 435-449, 2009
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Folk Tort Law
In: Handbook of Private Law Theories (Hanoch Dagan & Benjamin Zipursky eds., Edward Elgar Press 2020, Forthcoming)
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Working paper
Instrumental Comparative Tort Law
In: Journal of Tort Law, Band 14, S. 493–529
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Interpreting Tort Law
In: Florida State University Law Review, Band 39, Heft 1
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TORT LAW VS. PRIVACY
Tort law is often seen as a tool for protecting privacy. But tort law can also diminish privacy, by pressuring defendants to gather sensitive information about people, to install comprehensive surveillance, and to disclose information. And the pressure is growing, as technology makes surveillance and other information gathering more cost effective and thus more likely to be seen as part of defendants' duty to take "reasonable care." Moreover, these tort law rules can increase government surveillance power, and not just surveillance by private entities. Among other things, the NSA PRISM story shows how easily a surveillance database in private hands can become a surveillance database in government hands. This Article aims to provide a legal map of how tort law can diminish privacy, and to discuss which legal institutions-juries, judges, or legislatures-should resolve the privacy-versus-safety questions that routinely arise within tort law.
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Tort law vs. privacy
Tort law is often seen as a tool for protecting privacy. But tort law can also diminish privacy, by pressuring defendants to gather sensitive information about people, to install comprehensive surveillance, and to disclose information. And the pressure is growing, as technology makes surveillance and other information gathering more cost effective and thus more likely to be seen as part of defendants' duty to take "reasonable care." Moreover, these tort law rules can increase government surveillance power, and not just surveillance by private entities. Among other things, the NSA PRISM story shows how easily a surveillance database in private hands can become a surveillance database in government hands. This Article aims to provide a legal map of how tort law can diminish privacy, and to discuss which legal institutions-juries, judges, or legislatures-should resolve the privacy-versus-safety questions that routinely arise within tort law.
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Understanding tort law
In: Understanding law series
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