Comments on: Need a Great Torts Exam Fact Pattern?

By: Mark Edwards

Mark Edwards — Thu, 18 Dec 2008 22:21:35 +0000

In this case, though, we’d have to find that the deer’s estate has standing. I don’t think anyone has proposed standing for the estates of dead animals. YET. I feel an article coming on . . .

By: Patrick S. O'Donnell

Patrick S. O'Donnell — Wed, 17 Dec 2008 07:26:09 +0000

That “standing” thing can change, as we learned from Christopher Stone’s “Should Trees Have Standing?–Toward Legal Rights for Natural Objects,” 45 S. Cal. L. Rev. 450 (1972). Cf.: Steven M. Wise, Rattling the Cage: Toward Legal Rights for Animals (Cambridge, MA: Perseus Books, 2000), as well as Cass Sunstein, “Can Animals Sue?” in Cass Sunstein and Martha C. Nussbaum, eds., Animal Rights: Current Debates and New Directions (New York: Oxford University Press, 2004): 251-262.

By: Patrick S. O'Donnell

Patrick S. O'Donnell — Wed, 17 Dec 2008 07:26:09 +0000

By: Mark Edwards

Mark Edwards — Wed, 17 Dec 2008 06:44:33 +0000

The deer, I believe is no longer among us. I should have said, no one with standing was hurt.

By: Patrick S. O'Donnell

Patrick S. O'Donnell — Tue, 16 Dec 2008 22:39:46 +0000

I’m assuming the deer was hurt.

It sounds as if a fuel line was ruptured, but the story says the deer under the bus “may have broken an oil line.”

By: Patrick S. O'Donnell

Patrick S. O'Donnell — Tue, 16 Dec 2008 22:39:46 +0000

I’m assuming the deer was hurt.

It sounds as if a fuel line was ruptured, but the story says the deer under the bus “may have broken an oil line.”