Mass Torts
The Constitutional Bounding of Adjudication: A Fuller(ian) Explanation for the Supreme Court's Mass Tort Jurisprudence, 44 Arizona State Law Journal 1109 (2012)
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally...
Climate Change and the Public Law Model of Torts: Reinvigorating Judicial Restraint Doctrines, 62 South Carolina Law Review 201 (2011)
The Article traces the origins of climate change litigation back to earlier forms of “public...
Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription, Book Gallery (2010)
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the...
Impersonating the Legislature: State Attorneys General and Parens Patriae Product Litigation, 49 Boston College Law Review 913 (2008)
The state attorney general has emerged during the past decade as a “super plaintiff” in...
The Death of Causation: Mass Products Torts' Incomplete Incorporation of Social Welfare Principles, 41 Wake Forest Law Review 943 (2006)
Legal actions against the manufacturers of disease-causing products, such as cigarettes and asbestos insulation, have...
Products Liability
A Case Study in the Superiority of the Purposive Approach to Statutory Interpretation: Bruesewitz v. Wyeth (with William L. Reynolds and Andrew M. Murad), 64 South Carolina Law Review (2013)
This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the...
Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription, Book Gallery (2010)
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the...
Market Share Liability Beyond DES Cases: The Solution to the Causation Dilemma in Lead Paint Litigation? (with Paolo Pasicolan), 58 South Carolina Law Review 115 (2006)
Over 300,000 young children in America—disproportionately poor and children of color—suffer from childhood lead poisoning....
The Death of Causation: Mass Products Torts' Incomplete Incorporation of Social Welfare Principles, 41 Wake Forest Law Review 943 (2006)
Legal actions against the manufacturers of disease-causing products, such as cigarettes and asbestos insulation, have...
The Challenge to the Individual Causation Requirement in Mass Products Torts, 62 Washington and Lee Law Review 873 (2005)
This article uses the example of mass products torts to test the traditional principle that...
Torts (General)
A Case Study in the Superiority of the Purposive Approach to Statutory Interpretation: Bruesewitz v. Wyeth (with William L. Reynolds and Andrew M. Murad), 64 South Carolina Law Review (2013)
This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the...
What's on First?: Organizing the Casebook and Molding the Mind (with Joseph L. Kroart III, Brian Jones, and Cheryl Cortemeglia), 44 Arizona State Law Journal (2012)
This study empirically tests the proposition that law students adopt different conceptions of the judge’s...
Cases and Materials on the Law of Torts, 5th edition (with Harry Shulman, Fleming Jones, and Oscar S. Gray), Book Gallery (2010)
This casebook is designed for the professor who takes seriously the often-articulated goals of teaching...
Calabresi's The Costs of Accidents: A Generation of Impact on Law and Scholarship, 64 Maryland Law Review 1 (2005)
Cases and Materials on the Law of Torts, 4th edition (with Harry Shulman, Fleming James, and Oscar S. Gray), (2003)
The opinions included in this law school casebook are designed for teaching case analysis and...
Climate Change Litigation
Climate Change and the Public Law Model of Torts: Reinvigorating Judicial Restraint Doctrines, 62 South Carolina Law Review 201 (2011)
The Article traces the origins of climate change litigation back to earlier forms of “public...
Constitutional Law
The Constitutional Bounding of Adjudication: A Fuller(ian) Explanation for the Supreme Court's Mass Tort Jurisprudence, 44 Arizona State Law Journal 1109 (2012)
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally...
Climate Change and the Public Law Model of Torts: Reinvigorating Judicial Restraint Doctrines, 62 South Carolina Law Review 201 (2011)
The Article traces the origins of climate change litigation back to earlier forms of “public...
Impersonating the Legislature: State Attorneys General and Parens Patriae Product Litigation, 49 Boston College Law Review 913 (2008)
The state attorney general has emerged during the past decade as a “super plaintiff” in...
A Constitutional Analysis of Ohio's New Drunk Driving Law (with Howard M. Friedman), 15 University of Toledo Law Review 133 (1983)
Ohio's recently revised DUI law faces a wide variety of challenges on constitutional grounds. Professors...
Negotiation
The inherently distributive aspects of many bargaining interactions, (2011)
Topics covered in the Inherentlhy Distributive Aspects of Many Bargaining Interactions
Value claiming and value...
Legal Negotiation: Theory and Practice, 2d edition, Book Gallery (2007)
This edition of the classic negotiation text includes an extensive teacher's manual packed with simulation...
Legal Negotiation: Theory and Applications, (1989)
This book presents a comprehensive overview of legal negotiation for law students and lawyers studying...
The Synthesis of Legal Counseling and Negotiation Models: Preserving Client-Centered Advocacy in the Negotiation Context, 34 UCLA Law Review 811 (1987)
A Context-Based Theory of Strategy Selection in Legal Negotiation, 46 Ohio State Law Journal 41 (1985)
Insurance
The Causes of the Medical Malpractice Crisis: An Analysis of Claims Data and Insurance Company Finances (with David J. Nye, Bernard L. Webb, and Marvin A. Dewar), 76 Georgetown Law Journal 1495 (1988)
The Myth of the Liability Insurance Claims Explosion: An Empirical Rebuttal (with David J. Nye), 41 Vanderbilt Law Review 909 (1988)
Comparative Law
A Comparative Study of Liability Law and Compensation Schemes in Ten Countries and the United States (with Werner Pfennigstorf), (1991)
This book compares principles and applications of liability law in Australia, Canada, France, Germany, Japan,...
Legal Education
What's on First?: Organizing the Casebook and Molding the Mind (with Joseph L. Kroart III, Brian Jones, and Cheryl Cortemeglia), 44 Arizona State Law Journal (2012)
This study empirically tests the proposition that law students adopt different conceptions of the judge’s...
How Does the Dean Resemble the Islets of Langerhans?, 31 University of Toledo Law Review 599 (2000)
In this essay, I suggest an admittedly bizarre analogy between the roles played by an...
Criminal Justice
Meaningful Reform of Plea Bargaining: The Control of Prosecutorial Discretion, 1983 University of Illinois Law Review 37 (1983)
Equal Protection and the Prosecutor's Charging Decision: Enforcing an Ideal, 49 George Washington Law Review 659 (1981)
Empirical Scholarship
What's on First?: Organizing the Casebook and Molding the Mind (with Joseph L. Kroart III, Brian Jones, and Cheryl Cortemeglia), 44 Arizona State Law Journal (2012)
This study empirically tests the proposition that law students adopt different conceptions of the judge’s...
The Causes of the Medical Malpractice Crisis: An Analysis of Claims Data and Insurance Company Finances (with David J. Nye, Bernard L. Webb, and Marvin A. Dewar), 76 Georgetown Law Journal 1495 (1988)
The Myth of the Liability Insurance Claims Explosion: An Empirical Rebuttal (with David J. Nye), 41 Vanderbilt Law Review 909 (1988)
Litigation Trends in Florida: Saga of a Growth State (with David J. Nye), 39 University of Florida Law Review 829 (1987)
Legal Process
A Case Study in the Superiority of the Purposive Approach to Statutory Interpretation: Bruesewitz v. Wyeth (with William L. Reynolds and Andrew M. Murad), 64 South Carolina Law Review (2013)
This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the...
The Constitutional Bounding of Adjudication: A Fuller(ian) Explanation for the Supreme Court's Mass Tort Jurisprudence, 44 Arizona State Law Journal 1109 (2012)
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally...