This Article tells the story of three wholly unpredicted but enormously important late twentieth-century developments in tort liability and insurance...
The first principle of insurance reflects the fundamental lesson of the tragic California fires: you can’t get something for nothing. If expected...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
In the last few decades, administrative regulation at both the federal and state levels has much more frequently than in the past deployed a...
This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that...
Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and...
Very few developments have ever transformed either tort or insurance law. One development -- as important in our time as the adoption of liability for...
Recently there have been calls for and legislation proposed to repeal or modify the defense of qualified immunity in suits against police for...
This Article examines the ways in which insurance coverage is incomplete, and the reasons why coverage is incomplete. It argues that, because all...
The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in...
Insurance coverage disputes are mostly about the correct interpretation of an insurance policy provision. But three myths confuse and confound...
Important features of both the incidence and magnitude of tort liability depend heavily, and therefore arbitrarily, on luck. One of a number of...
This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract...
The liability insurer’s duty to settle in conventional cases is well-established. However, the scope of the duty to settle cases in which coverage is...
