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 […]
Contract Law
Contract Law A year-long course covering: Introduction to private law and contracts Formation of a legally binding agreement Justifications for enforcing contractual commitments Negotiations toward contract formation Defects in formation Remedies for breach Contract interpretation and gap-filling Contracts as a tool for advancing social values
Administrative Law
Administrative Law A year-long course covering: Introduction to administrative law Legality and the requirement of authority Independence of discretion The duty to exercise discretion Procedural validity Substantive validity, defects in discretion Consequences of administrative defects, invalidity, nullity, and relative invalidity Administrative authorities in private law Judicial review Administrative offenses Global administrative law
Administrative Regulation
Administrative Regulation A semester course covering: Introduction to regulation Historical background Regulation theories as a conceptual foundation Justifications for regulation, economic and social Public interest and private interest Regulatory networks Self-regulation The regulator in private law Regulatory techniques
