The Situationist

Archive for December 15th, 2011

Situation, McDonalds, & Tort Law

Posted by The Situationist Staff on December 15, 2011

Professor Caroline Forell has written a wonderfully thoughtful, situationist article, titled “McTorts: The Social and Legal Impact of McDonald’s Role in Tort Suits (forthcoming in Volume 24 of the Loyola Consumer Law Review) on SSRN.  Here’s the abstract.

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McDonald’s is everywhere. With more than 32,000 restaurants around the world, its Golden Arches and “Mc” conjure up both the good and the bad about American capitalism.

This article looks at McDonald’s, impact on public policy, and tort law from historical and social psychology perspectives, following McDonald’s from its beginnings in the mid-1950’s through today. By examining McDonald’s Corp. v. Steel and Morris (McLibel), Liebeck v. McDonald’s Restaurants (Hot Coffee), and Pelman v. McDonald’s Corp. (Childhood Obesity), I demonstrate that certain tort cases involving McDonald’s have had particularly important social and legal consequences that I attribute to McDonald’s special influence over the human psyche, beginning in childhood. In explaining McDonald’s extraordinary power over the public imagination and how this affects lawsuits involving it, I rely on the social psychology approach called situationism that recognizes the strong effect that environmental influences can have on individual decision-making. I conclude that lawsuits involving McDonald’s have had and will continue to have important social and legal consequences because of the unique role this corporation plays in our lives.

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Download the paper for free here.

Related Situationist posts:

Professor Forell relies on an article by Situationist Contributors, Adam Benforado, Jon Hanson, and David Yosifon, entitled “Broken Scales: Obesity and Justice in America,” which you can access here.

Review tens of Situationist posts on the topic of diet and obesity by clicking here.

Posted in Abstracts, Food and Drug Law, Law, Legal Theory, Social Psychology | Tagged: , , , | 1 Comment »

 
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