Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is... MORE
This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the... MORE
Shifts in academic paradigms are rare. Still, it was not long ago that the values taken to govern the private law were thought to be distinct from... MORE
For over a decade, a battle has been raging in the trial courts of this country over something called the "reptile theory," often simply referred to... MORE
Vanessa Bryant’s recent verdict against the Los Angeles County Sheriff’s and Fire Departments represents a federal jury’s response to immoral and... MORE
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that... MORE
This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that... MORE
Tort Law and the Construction of Change studies the interaction of law and social change in American history. Tort law—civil law made by judges, not... MORE
The future of tort theory cannot be sensibly imagined without understanding its past. Our aim is to understand where tort theory has been in order to... MORE
The standard story of the development of modern tort liability is straightforward, but it turns out to be seriously misleading. The story is that, in... MORE
Through the standing doctrine, the U.S. Supreme Court has taken a new step toward severely limiting the effective enforcement of privacy laws. The... MORE
Today all tort lawyers, scholars, and teachers understand that there are three bases of liability in tort: intent, negligence, and strict liability.... MORE
Very few developments have ever transformed either tort or insurance law. One development -- as important in our time as the adoption of liability... MORE
To what extent does the First Amendment impose limits on the permissible scope of tort liability? Until recently, the clear answer would have been, “... MORE
