Torts

Causation in Tort Law, Causality (2009)
 

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Proving Facts: Belief versus Probability, European Tort Law 2008 (2009)
 

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Liability for Possible Wrongs: Causation, Statistical Probability and the Burden of Proof, in Symposium, The Frontiers of Tort Law, Loyola of Los Angeles Law Review (2008)

Courts around the world are increasingly considering whether liability should exist in various types of...

 

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The Principles of Product Liability, in Symposium, Products Liability: Litigation Trends on the 10th Anniversary of the Third Restatement, The Review of Litigation (2007)
 

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Acts and Omissions as Positive and Negative Causes, Emerging Issues in Tort Law (2007)
 

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Causation, Responsibility, Risk, Probability, Naked Statistics, and Proof: Pruning the Bramble Bush by Clarifying the Concepts, translated into Italian by Federico Stella, I Saperi Del Giudice: La Causalita E Il Ragionevole Dubbio 71-179 (Milan 2004) (2004)
 

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Hand, Posner, and the Myth of the "Hand Formula", in Symposium, Negligence in the Law, Theoretical Inquiries in Law (2003)

There is a striking incongruence between the discussions of negligence in the legal literature, including...

 

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The Grounds and Extent of Legal Responsibility, in Symposium, What Do Compensatory Damages Compensate?, San Diego Law Review (2003)

This article identifies and discusses the three principal limitations on the extent of legal responsibility...

 

Tort Law: Basic Principles of Liability (2003)
 

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Justice and Reasonable Care in Negligence Law, American Journal of Jurisprudence (2002)

The academic literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct...

 

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Negligence in the Courts: Introduction and Commentary, in Symposium, Negligence in the Courts: The Actual Practice, Chicago-Kent Law Review (2002)

This article is an introduction to and commentary on the contributions to a "Symposium on...

 

Substantive Corrective Justice, The International Library of Essays in Law and Legal Theory (2nd Series), Tort Law (2002)
 

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The Vitality of Joint and Several Liability: Brief Amici Curiae of American Law Professors in Support of Respondents (2002)

Tort reform advocates hoped to use a recent case, Norfolk & Western Railway Co. v....

 

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Once More Into the Bramble Bush: Duty, Causal Contribution, and the Extent of Legal Responsibility, in Symposium, The John W. Wade Conference on the Third Restatement of Torts, Vanderbilt Law Review (2001)

Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution...

 

Causation in the Law, Routledge Encyclopedia of Philosophy Online (2001)
 

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Principled Adjudication: Tort Law and Beyond, Canterbury Law Review (1999)

The article briefly discusses the impossibility of a strict formalist or positivist approach to legal...

 

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Right, Justice, and Tort Law, Philosophical Foundations of Tort Law (1995)
 

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The Standards of Care in Negligence Law, Philosophical Foundations of Tort Law (1995)
 

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The Logic and Fairness of Joint and Several Liability, in Symposium, Comparative Negligence, Memphis State University Law Review (1992)
 

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Understanding Joint and Several Liability, Shepard's Illinois Tort Reporter (1991)
 

Causation in Tort Law, The International Library of Essays in Law and Legal Theory, Tort Law (1991)
 

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Throwing Out the Baby with the Bathwater: A Reply to Professor Twerski, University Of California at Davis Law Review (1989)
 

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Allocating Liability Among Multiple Responsible Causes: A Principled Defense of Joint and Several Liability for Actual Harm and Risk Exposure, University Of California at Davis Law Review (1988)
 

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Causation, Responsibility, Risk, Probability, Naked Statistics, and Proof: Pruning the Bramble Bush by Clarifying the Concepts, Iowa Law Review (1988)
 

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The Efficiency Theory of Causation and Responsibility: Unscientific Formalism and False Semantics, in Symposium, Causation in the Law of Torts, Chicago-Kent Law Review (1987)
 

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Causation in Tort Law, California Law Review (1985)
 

Jurisprudence

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Liability for Possible Wrongs: Causation, Statistical Probability and the Burden of Proof, in Symposium, The Frontiers of Tort Law, Loyola of Los Angeles Law Review (2008)

Courts around the world are increasingly considering whether liability should exist in various types of...

 

The Nightmare and the Noble Dream: Hart and Honoré on Causation and Responsibility, The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy (2008)
 

Law, Morality, and Justice (2003)
 

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The Principles of Justice, Ethics: Readings & Materials (2001)
 

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The Principles of Justice, in Symposium, Propter Honoris Respectum: John Finnis, Notre Dame Law Review (2000)

Many theorists claim that justice is a question-begging concept that has no inherent substantive content....

 

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Substantive Corrective Justice, in Symposium, Corrective Justice and Formalism, Iowa Law Review (1992)
 

Oil, Gas, and Mineral Law

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Mineral Facts and Fictions,, Public Lands and the U.S. Economy (1984)
 

Management of Fuel and Nonfuel Minerals in Federal Land (1979)
 

Constitutional Law

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The Constitution as Positive Law, Loyola of Los Angeles Law Review (1972)
 

Law and Economics

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Actual Causation vs. Probabilistic Linkage: The Bane of Economic Analysis, Journal of Legal Studies (1985)
 

No subject area

Private Nuisance Law: A Window on Substantive Justice, Rights and Private Law (2011)
 

Proving Causation: Probability versus Belief, Perspectives on Causation (2011)
 

The NESS Account of Natural Causation: A Response to Criticisms, Perspectives on Causation (2011)
 

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discussed in Federico Stella, The Vitality of the Covering Law Model: Considerations on Wright and Mackie, , translation by Federico Stella of "La vitalità del modello della sussunzione sotto leggi. A confronto il pensiero di Wright e Mackie," in Federico Stella, I Saperi del Giudice. La Causalità e Il Ragionevole Dubbio 1-70 (Milan 2004). (2004)
 

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discussed in Federico Stella, Criminal omissions, causality, probability, counterfactuals: Medical-surgical activity, translation by Federico Stella of "Causalità omissiva, probabilità, giudizi controfattuali: l'attività medico-chirurgica", in Federico Stella, Il Giudice Corpuscolariano. La Cultura delle Prove 201-43 (Milan 2005). (2003)