Tort Law in the Age of Statutes

Author:Mark A. Geistfeld
Position:Sheila Lubetsky Birnbaum Professor of Civil Litigation, New York University School of Law
Pages:957-1020
SUMMARY

The common law of torts is widely considered to be in conflict with the modern regulatory state. Tort law interacts with regulations and their enabling statutes in different ways that are fully addressed by the doctrines of negligence per se, the regulatory compliance defense, and statutory preemption. According to a substantial body of scholarship, these three statutorily related doctrines are a ... (see full summary)


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