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michiganlawreview.org

At the turn of the twentieth century, state courts were roiled by claims against telegraph corporations for mental anguish resulting from the failure to deliver telegrams involving the death or injury of a family member. Although these “telegraph cases” at first may seem a bizarre outlier, they in fact reveal an important and understudied moment of transformation in the nature of the relationship between the corporation and the public: the role of affective relations in the development of the category of the public utility corporation. Even as powerful corporations were recast as private, rights-bearing, profit-making market actors in constitutional law, a significant minority of rural state courts deviated from the common law to impose liability for mental anguish on negligent telegraph corporations. They did so on the basis that telegraph companies bore a duty to protect the emotional wellbeing and family connections of their customers. In this, courts gave voice to the popular view, voiced by telegraph users and promoted by the companies themselves, of the telegraph corporation as a faithful servant of individual families and communities. In so doing, they embedded the historical and popular perception of the corporation as “servant” into the definition of “public service.” This Article exposes the private law of the public service corporation and the noneconomic dimension of the legal category of “public utility.” Current scholarship has focused on how turn-of-the-century jurists developed the category of “public utility” or “public service” corporation to justify state economic regulations that would otherwise infringe on corporations’ newfound constitutional rights. The telegraph cases reveal a concurrent and complementary development in tort law: the imposition of affective responsibilities on certain corporations as well. Illuminating this doctrine offers an example of how the public utility category could be mobilized to protect the emotional as well as eco

law.berkeley.edu

Berkeley Law is one of the nation’s premier law schools, located at UC Berkeley. Offering JD, LLM, JSD and joint degrees, as well as individual courses.

law.duke.edu

Below are frequently asked questions relating to the Exchange program at Duke Law. For information about Duke's LLM program, please see the LLM website.

ejcl.org

Privacy Policy Privacy Policy At https://www.ejcl.org/ (the “Site”), we […]

fclr.org

Student Editorial Board, Federal Courts Law Review, 2017 – 2018 Editor-in-Chief James B. Kelly Executive Editor Kaylee Beauchamp Executive Articles Editors Mallory K. Bland Alison Guider J. Patrick Huston Catherine Norton Zachary B. Roberson TreMarcus Rosemon Executive Notes and Comments Editors Jonathan M. Barnes Amber L. Kipfmiller Davis S. Vaughn Associate Editors Brittany Bane Kyle …

albanylawjournal.org

Understanding workers' compensation is crucial for workplace safety, ensuring financial assistance and medical care for injured employees while navigating legal and regional compliance complexities.