Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...
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...
This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that they...
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 the...
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...
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...
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...
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...
Very few developments have ever transformed either tort or insurance law. One development -- as important in our time as the adoption of liability for...