Articles
Shared Sovereign Immunity as an Alternative to Federal Preemption: An Essay on the Attribution of Responsibility for Harm to Others, Hofstra Law Review (2008)
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...
Sales (Uniform Commercial Code Survey) (with John D. Wladis, Larry T. Garvin, and Robyn L. Meadows), Business Lawyer (2001)
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...
Sales (with Russell A. Hakes, John D. Wladis, Robyn L. Meadows, and Patricia Tauchert), Business Lawyer (1999)
Reconceptualizing Strict Liability in Tort: An Overview, Vanderbilt Law Review (1997)
Commonly, strict liability in tort is understood as doctrine that serves to impose liability based...
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),...
Competing Conceptions of Autonomy: A Reappraisal of the Basis of Tort Law, Tulane Law Review (1992)
Seeking to identify and describe the essential values underlying tort law, this Article attempts to...
Utility, Autonomy and Motive: A Descriptive Model of the Development of Tort Doctrine, University of Cincinnati Law Review (1990)
Much scholarship describes the development of tort law in terms of the judicial promotion of...
Motivation and Tort Law: Acting for Economic Gain As a Suspect Motive, Vanderbilt Law Review (1988)
Traditionally, tort scholars had claimed that the motives underlying a tortfeasor’s decision to act were...
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...