Torts

Link

Tort Reform by Implied Conflict Preemption, John Marshall Law Review -- forthcoming (2011)

Almost twenty years ago, the Supreme Court erred in equating state products law with other...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

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...

 

Link

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...

 

Products Liability

Link

Tort Reform by Implied Conflict Preemption, John Marshall Law Review -- forthcoming (2011)

Almost twenty years ago, the Supreme Court erred in equating state products law with other...

 

Link

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

PDF

Sales (with John D. Wladis, Larry T. Garvin, and Robyn L. Meadows), Business Lawyer (2001)
 

PDF

Sales (with Russell A. Hakes, John D. Wladis, Robyn L. Meadows, and Patricia Tauchert), Business Lawyer (1999)
 

Uniform Commercial Code

PDF

Sales (with John D. Wladis, Larry T. Garvin, and Robyn L. Meadows), Business Lawyer (2001)
 

Education Law

Link

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

Link

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...