Facts in an Age of Subjective Truth: An External, Shared Reality in a Universe of Bubble-Like, Individual Realities
My principled position is that we must accept that there are facts and truths in our world, and understand that there is an external, shared reality on which we can agree. The fact that access to information has become easier and faster does not, of course, mean that the information we are exposed to is […]
Love on Trial
Who has not dealt with love? Poets and writers, painters and sculptors, philosophers and religious figures, and even psychologists and neurologists. The time has come for legal professionals to do so as well. Can law regulate our inner emotions? Can love be confined within rules, norms, and conventions? This lecture examines the complex relationship between […]
State and Public Authority Liability in Tort Law
The IDF carries out dust-screening operations that raise clouds of dust for those passing near the border. The owner of an apple orchard sues the State, arguing that these dust clouds reduce the orchard’s yield; following a circumcision, a baby sustains a severe injury to his genital organ, and the State is also sued, alongside […]
Medical Negligence, Battery, and the Doctrine of Informed Consent
A Supreme Court case provides the following facts: a patient suffered from severe back pain. Acting on his physician’s recommendation, he agreed to undergo spinal fusion surgery. During the early stages of the surgery, the surgeon discovered significant, thick scar tissue covering the nerve roots. The surgeon concluded that the scar tissue might be the […]
A Doorway to the World of Regulation
Due to negligent conduct, an insurance company accumulates deficits and breaches regulatory requirements. The regulator faces a hard decision: shut the company down, risking harm to policyholders and employees, or allow it to continue operating under restrictions? Scenarios of this kind demonstrate how economic and social regulation has become one of the central tools of […]
The “Archaic Rule”, Jointly and Severally: Administrative Negligence in Supervision as a Case Study
Boaz Segal, “The ‘Archaic Rule’, Jointly and Severally: Administrative Negligence in Supervision as a Case Study”, Hokim 14, 49 (2020).
Kibbutz Malkiya v. The State of Israel
CA 6296/00 Kibbutz Malkiya v. The State of Israel is one of the most fascinating decisions on torts committed by public authorities in Israeli law. The case involved claims related to security activity and alleged negligence. The court held, among other things, that the plaintiff did not prove negligence, and therefore the State was not […]
Deterring Regulators through Tort Law: The Distinction between Compensation Rules and Liability Rules
Boaz Segal, “Deterring Regulators through Tort Law: The Distinction between Compensation Rules and Liability Rules”, Mishpatim 49, 571 (2019).
Utilizing Tort Law to Deter Misconduct in the Public Sector
Utilizing Tort Law to Deter Misconduct in the Public Sector Boaz Segal, Utilizing Tort Law to Deter Misconduct in the Public Sector, 91 Seattle Journal for Social Justice 19 (2020).
Tort Law
Tort Law A year-long course covering: Introduction to tort law Aims and theories of tort law Structure of tort law Vicarious liability Relationships between torts Negligence Shifting the burden of proof and evidentiary harm Liability of public tortfeasors Breach of statutory duty Occupiers’ liability Medical negligence, battery, and informed consent Products liability Defamation Road accidents […]
