Mass Torts

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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...

 

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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...

 

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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...

 

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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...

 

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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

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Apportioning Liability in Maryland Tort Cases: Time To End Contributory Negligence and Joint and Several Liability (with Christopher J. Robinette), 73 Maryland Law Review (2014)

The Article presents a comprehensive proposal for assigning liability in tort cases according to the...

 

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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...

 

Link

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...

 

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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....

 

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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...

 

Torts (General)

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Apportioning Liability in Maryland Tort Cases: Time To End Contributory Negligence and Joint and Several Liability (with Christopher J. Robinette), 73 Maryland Law Review (2014)

The Article presents a comprehensive proposal for assigning liability in tort cases according to the...

 

PDF

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...

 

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The Death of the Common Law: Judicial Abdication and Contributory Negligence in Maryland, Md. L. Rev. Endnotes (2013)

The issue of how to handle a victim’s own contributory negligence that combines with the...

 

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What's on First?: Organizing the Casebook and Molding the Mind (with Joseph L. Kroart III, Brian Jones, and Cheryl Cortemeglia), 45 Arizona State Law Journal 97 (2013)

This study empirically tests the proposition that law students adopt different conceptions of the judge’s...

 

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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...

 

Climate Change Litigation

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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

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The Supreme Court, CAFA, and Parens Patriae Actions: Will it be Principles or Biases? (with William L. Reynolds), 92 North Carolina Law Review Addendum 1 (2013)

The Supreme Court will hear a case during its 2013-2014 term that will test the...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

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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

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The inherently distributive aspects of many bargaining interactions, (2011)

Topics covered in the Inherentlhy Distributive Aspects of Many Bargaining Interactions

Value claiming and value...

 

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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...

 

Insurance

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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)
 

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The Myth of the Liability Insurance Claims Explosion: An Empirical Rebuttal (with David J. Nye), 41 Vanderbilt Law Review 909 (1988)
 

Comparative Law

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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

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What's on First?: Organizing the Casebook and Molding the Mind (with Joseph L. Kroart III, Brian Jones, and Cheryl Cortemeglia), 45 Arizona State Law Journal 97 (2013)

This study empirically tests the proposition that law students adopt different conceptions of the judge’s...

 

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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...

 

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Coming Into Focus, JD Alumni Magazine (1999)
 

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From One Generation to the Next, JD Alumni Magazine (1998)
 

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Creating Opportunity, JD Alumni Magazine (1996)
 

Criminal Justice

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Meaningful Reform of Plea Bargaining: The Control of Prosecutorial Discretion, 1983 University of Illinois Law Review 37 (1983)
 

Empirical Scholarship

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What's on First?: Organizing the Casebook and Molding the Mind (with Joseph L. Kroart III, Brian Jones, and Cheryl Cortemeglia), 45 Arizona State Law Journal 97 (2013)

This study empirically tests the proposition that law students adopt different conceptions of the judge’s...

 

PDF

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)
 

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The Myth of the Liability Insurance Claims Explosion: An Empirical Rebuttal (with David J. Nye), 41 Vanderbilt Law Review 909 (1988)
 

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Litigation Trends in Florida: Saga of a Growth State (with David J. Nye), 39 University of Florida Law Review 829 (1987)
 

Legal Process

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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...

 

PDF

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...

 

Common Law

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The Death of the Common Law: Judicial Abdication and Contributory Negligence in Maryland, Md. L. Rev. Endnotes (2013)

The issue of how to handle a victim’s own contributory negligence that combines with the...