Torts
Tort Reform by Implied Conflict Preemption, John Marshall Law Review (2011)
Almost twenty years ago, the Supreme Court erred in equating state products law with other...
Shared Sovereign Immunity as an Alternative to Federal Preemption: An Essay on the Attribution of Responsibility for Harm to Others, Hofstra Law Review (2008)
Beginning with the Supreme Court’s 1992 decision in Cipollone, courts have engaged in the practice...
The Myth of Individualism and the Appeal of Tort Reform, Rutgers Law Review (2007)
This Article examines the relationship between the American political culture of individualism and long-standing, well-established...
Social Norms and Judicial Rulemaking: Commitment to Political Process and the Basis of Tort Law, University of Kansas Law Review (2000)
This Article looks at the respective roles of judges and juries in common law civil...
Products Liability
Tort Reform by Implied Conflict Preemption, John Marshall Law Review (2011)
Almost twenty years ago, the Supreme Court erred in equating state products law with other...
Shared Sovereign Immunity as an Alternative to Federal Preemption: An Essay on the Attribution of Responsibility for Harm to Others, Hofstra Law Review (2008)
Beginning with the Supreme Court’s 1992 decision in Cipollone, courts have engaged in the practice...
Sales
Sales (with Russell A. Hakes, John D. Wladis, Robyn L. Meadows, and Patricia Tauchert), Business Lawyer (1999)
Uniform Commercial Code
Education Law
The Individuals With Disabilities Education Act: A Parent's Perspective and Proposal for Change, University of Michigan Journal of Law Reform (1994)
Although the IDEA purports to entitle disabled children to a “free, appropriate, public education” (FAPE),...
Jury
Reappraising the Jury's Role as Finder of Fact, Georgia Law Review (1985)
This Article addresses the question of whether and under what circumstances a trial judge should...