Rethinking Actual Causation in Tort Law
Vol. 130 No. 8
The concept of causation is central to myriad areas of tort law: a defendant commits simple battery only if she “intentionally causes bodily contact”...
Torts
The Search for a Grand Unified Theory of Tort Law
Vol. 130 No. 3
Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we...
Rubin v. Islamic Republic of Iran
Seventh Circuit Holds that FSIA Does Not Provide Freestanding Basis to Satisfy Judgment Against State Sponsors of Terrorism.
Vol. 130 No. 2
Causation in Environmental Law
Lessons from Toxic Torts
Vol. 128 No. 8
MacDonald v. Thomas M. Cooley Law School
Sixth Circuit Finds Law School Applicants Could Not Reasonably Rely on School-Provided Employment Statistics.
Vol. 127 No. 3
Yonaty v. Mincolla
New York Appellate Division Holds that the Imputation of Homosexuality Is No Longer Defamation Per Se.
Vol. 126 No. 3
Method and Morality in the New Private Law of Torts
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption, 125 Harv. L. Rev. 1757 (2012)
Response to Palsgraf, Punitive Damages, and Preemption
Vol. 125 No. 7
New Private Law Theory and Tort Law: A Comment
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption, 125 Harv. L. Rev. 1757 (2012)
Response to Palsgraf, Punitive Damages, and Preemption
Vol. 125 No. 7
Comments on Stephen Smith’s Duties, Liabilities, and Damages
Responding to Stephen Smith, Duties, Liabilities, and Damages, 125 Harv. L. Rev. 1727 (2012)
Response to Duties, Liabilities, and Damages
Vol. 125 No. 7
Palsgraf, Punitive Damages, and Preemption
Vol. 125 No. 7
The standard One-L curriculum remains heavy on Torts, Contracts, and Property, presumably on the theory that these subjects will help students learn “to think like lawyers.” Ironically, however, these are the subjects in which leading scholars are most attracted to the opposite approach: they want to think like economists, philosophers, political scientists, and historians, not like lawyers. And so it is that a basic common law subject like Torts has turned into a battleground for “law-and-” scholars, with scholars of law and economics pushing efficiency theories on one side and legal philosophers pushing corrective justice theory on the other.