The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/382597
This issue of the Bench & Bar focuses on tort law. This is an area of practice for many attor- neys in Kentucky spanning a wide array of is- sues from medical malpractice to products lia- b ility to automobile accidents. Professor Emeritus David Leibson, who retired last De- c ember, wrote the first edition of the Kentucky Practice Series book on Torts (published by West) in 1996. This past spring he published his last supplement to the 2008 Second Edi- tion. The book will now be taken on by a new author. I know you join me in thanking him for serving as a resource on tort law for our bench and bar for almost two decades. In addition to Professor Leibson's coverage of traditional tort law, theories applying tort law have been raised in recent faculty scholarship in some unique ways. Professor Jamie Abrams has a forthcoming ar- ticle in the Florida State Law Review titled "The Illusion of Autonomy in Women's Med- ical Decision-Making." She discusses how the standard applied to obstetric decision-making deviates from tort standards when it requires the complete compliance with medical ad- vice, positions the fetus as the primary pa- tient, and acts to eliminate even reasonable risks. Professor James T.R. Jones recently present- ed a paper to the International Elder Law and Policy Conference in Chicago. The topic was "Abuse of Elders with Mental Illness" in which he addressed tort claims in the case of abuse involving professionals who are man- dated to report abuse and do not do so. Professor Russ Weaver's 2011 article, on "The Fourth Amendment, Privacy and Ad- vancing Technology," 80 M ISS. L.J. 1131- 1227 (2011) is a 100-year review of courts and technology. As a result of this work, Pro- fessor Weaver has concluded that Fourth Amendment theories are not adequate to protect individual privacy against govern- mental intrusions and that a similar analysis would apply in tort cases related to private intrusions. His view is that courts are not up to the task and they do not have sufficient tools to address this issue. Professor Mark Rothstein's recent article in the Journal of Law, Medicine and Ethics, dis- cusses the Tarasoff duties of mental health professionals in light of the tragic shootings by mentally unstable individuals. He con- cludes that confusing and inconsistent legal standards are one of the main reasons why mental health professionals do not act to pro- tect the potential victims of threats made by m ental health patients. He proposes ways in which state statutory and common law duties c an be harmonized with the HIPAA Privacy Rule and other federal laws. Tort law can be a means of addressing civil rights. This was the topic of a fall 2013 confer- ence at Ohio State University Law School at which Professor Laura Rothstein spoke. Her article, to be published in the "Ohio State Law Journal," addresses the relationship of tort law to cases seeking remedies for injuries that occur as a result of architectural barrier design issues, such as a steep ramp or a poor- ly designed parking space. Her article discuss- es both statutory remedies under the Ameri- cans with Disabilities Act and tort law reme- dies. The interconnection of discrimination laws to torts gives me an opportunity to note and ap- plaud the KBA for its plans for a spring Diver- sity Summit on April 9 and 10 in Louisville. The preliminary plan is to allow a focus on a range of diversity issues – race, gender, sexual orientation and disability. Please stay tuned for more details but you will not want to miss this inaugural summit which will be beneficial for employers seeking to recruit and retain di- verse attorneys as well as diverse attorneys themselves. So, mark your calendars for those dates. Just before that summit, on Wednesday, April 8, the Brandeis Medal will be presented to Pro- fessor Arthur Miller. His 1971 book, "Assault on Privacy, Data Banks, and Dossiers," pursued Justice Bran- deis's early concerns about privacy and fore- shadowed many of the issues still being de- bated. Because 2015 is the 50 th anniversary of Griswold v. Connecticut, another type of privacy decision, it is especially appropriate to recognize Professor Miller for his early aware- ness of the issues raised by developing tech- nologies. So, to those of you from outside of Louisville, mark your calendars for both events, come to Louisville for both the Brandeis Medal and the KBA Diversity Summit, take advantage of the wonderful Louisville hospitality and see how downtown and the Waterfront is being trans- formed. For those of you who live in Louisville, you can serve as ambassadors to our bench and bar colleagues from outside of Louisville. 27 B&B; • 9.14 U of L BRANDEIS FACULTY MEMBERS WRITE ABOUT TORT ISSUES