Articles

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The Prosser Notebook: Classroom as Biography and Intellectual History, University of Illinois Law Review -- Forthcoming (2009)

When a former student offered to let me see his grandfather's Torts notebook, I was...

 

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The Synergy of Early Offers and Medical Explorations/Apologies, Northwestern University Law Review Colloquy (2009)
 

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Introduction, Crimtorts Symposium, Widener Law Journal (2008)
 

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Peace: A Public Purpose for Punitive Damages?, Symposium: Punitive Damages, Due Process, and Deterrence: The Debate After Philip Morris v. Williams, Charleston Law Review (2008)
 

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Torts Rationales, Pluralism, and Isaiah Berlin, George Mason Law Review (2007)
 

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Can There Be a Unified Theory of Torts? A Pluralist Suggestion from History and Doctrine, Brandeis Law Journal (2005)
 

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Contributory or Comparative: Which is the Optimal Negligence Rule? (with Paul G. Sherland), Northern Illinois University Law Review (2003)
 

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The Role of Compensation in Personal Injury Tort Law: A Response to the Opposite Concerns of Gary Schwartz and Patrick Atiyah, Connecticut Law Review (1999)
 

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“Choice Auto Insurance”: Do Theories of Justice Require Linkage Between Injurers and the Injured? (with Jeffrey O’Connell), University of Illinois Law Review (1997)

Tort regimes are founded upon a number of different theories of social justice. In this...

 

Books

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A Recipe for Balanced Tort Reform: Early Offers with Swift Settlements (with Jeffrey O’Connell) (2008)