Statutory Torts LAW-864

A significant portion of modern tort litigation arises under statutes rather than the common law. This course provides a deeper exploration of statutory torts, focusing on the doctrines and standards essential to understanding and litigating them. Special attention is given to the ways statutory torts diverge from common law principles, sometimes expanding and sometimes narrowing the scope of common-law doctrines, while also reflecting the judiciary’s tendency to reshape statutory causes of action.

The course examines a range of important statutory torts, reaching areas as disparate as civil rights, securities, and discrimination. It will cover the Racketeer Influenced and Corrupt Organizations Act (RICO), the Federal Employers Liability Act (FELA), Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Federal Tort Claims Act (FTCA), the Endangered Species Act (ESA), workers’ compensation laws, and Section 1983. Alongside these substantive areas, the class will engage with broader conceptual issues such as causes of action, immunities, “private attorney general” laws, federal preemption, standing, and statutory interpretation.