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...
The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...
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...
It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that they...
This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that...
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...
