Torts
Why Civil Recourse Theory Is Incomplete, Tennessee Law Review (2011)
The latest prominent theory of torts is the rich “civil recourse” theory of Professors John...
The Prosser Notebook: Classroom as Biography and Intellectual History, University of Illinois Law Review (2010)
When a former student offered to let me see his grandfather's Torts notebook, I was...
Tort Law's Flaws (with Jeffrey O'Connell), Popper’s Materials on Tort Reform (2010)
The Synergy of Early Offers and Medical Explanations/Apologies, Northwestern University Law Review (2009)
A Recipe for Balanced Tort Reform: Early Offers with Swift Settlements (with Jeffrey O’Connell) (2008)
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)
Can There Be a Unified Theory of Torts? A Pluralist Suggestion from History and Doctrine, Brandeis Law Journal (2005)
Contributory or Comparative: Which is the Optimal Negligence Rule? (with Paul G. Sherland), Northern Illinois University Law Review (2003)
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)
“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...