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Torts and Alternatives
Books
Articles in Peer Reviewed Journals
Book Chapters
- Fleming’s The Law of Torts, 10th edition (chapter 10 on the law of Damages, pp. 261-299) (2011)
- Ideological Flip-Flop: American Liberals Are Now the Primary Supporters of Tort Law (from Essays on Tort, Insurance, Law and Society in Honour of Bill W. Dufwa, Volume II, at 1105 (2006))
- “Comparing Tobacco and Gun Litigation” in Suing the Gun Industry 196 (T. Lytton ed. 2005).
- Precise Justice and Rough Justice: Scientific Causation in Civil Litigation as Compared with Administrative Compensation Plans and Mass Tort Settlements (2004)
- “Introduction” (with Robert L. Rabin) in Torts Stories (R. Rabin & S. Sugarman eds.) Foundation Press 1-10 (2003)
- "Vincent v. Lake Erie: Liability for Harm Caused by Necessity" in Torts Stories (R. Rabin & S. Sugarman eds.) Foundation Press 259-290 (2003)
- Personal Injury and Social Policy -- Institutional and Ideological Alternatives (published in "Torts Tomorrow: A Tribute to John Fleming," N. Mullany and A. Linden, eds. The Law Book Company, 1998)
- A Regulated Market in Unmatured Tort Claims: Tort Reform by Contract (with Robert Cooter), 37 Proceedings of the Academy of Political Science 174 (1988)
- "Perspectives on Compensating Accident Victims" (with John Fleming) in President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, Compensating for Research Injuries, 1983, Volume 2 at 175
Law Review Articles
- "Why No Duty?” 61 DePaul Law Review 669-696 (2012 Clifford Symposium)
- "Compensation for Personal Injury: What Nations Might Learn From Each Other" 38 Pepperdine Law Review 597-622 (2011)
- Land Possessor Liability in the Third Restatement of Torts: Too Much and Too Little (to appear in Wake Forest L. Rev. 2009)
- Pain and Suffering: Comparative Law Perspective (55 DePaul Law Review, 399 (2005 Clifford Symposium))
- The "Necessity" Defense and the Failure of Tort Theory: The Case Against Strict Liability for Damages Caused While Exercising Self-Help in an Emergency, 2005 Issues in Legal Scholarship 1-153 The Berkeley Electronic Press c 2005
- Tort Reform Through Damages Law Reform (an essay in honor of Harold Luntz), 27 Sydney Law Review 507 (2005)
- "Rethinking Tort Doctrine: Visions of A Restatement (Fourth) of Torts" , 50 UCLA Law Review 585-619 (2002) Chinese translation published in 2005 International Business Law Review (I) 300-315
- A New Approach to Tort Doctrine: Taking the Best from the Civil Law and Common Law of Canada (published in "Joy of Torts" 17 Supreme Court Law Review 375, honoring Justice Allen Linden 2002)
- “United States Tort Reform Wars” 25 University of New South Wales Law Journal 849-53 (2002) reprinted in 8 University of New South Wales Law Forum 27-29 (2002)
- A Century of Change in Personal Injury Law, 88 California Law Review 2403 (2000)
- Judges as Tort Law Un-Makers: Recent California Experience with "New" Torts, 49 DePaul Law Review 455 (1999)
- Assumption of Risk (the 1997 Monsanto Lecture) 31 Valparaiso University Law Review 833 (1997)
- Spousal Emotional Dispute as a Tort? (with Ira Ellman), 55 Maryland Law Review 1268 (1996)
- Should Congress Engage in Tort Reform?, 1 Michigan Law and Policy Review 121 (1996)
- "Proposals for Reform,", "On Harmonizing Laws and Evaluating Claims Processes," plus other comments in "Beoynd Compensation: Dealing With Accidents in the 21st Century" 15 University of Hawaii Law Review 659 (1993)
- "Les Projets de Reforme de la Responsabilite Medicale aux Etats-Unis" 16 Risques 117 (France), 1993
- A Restatement of Torts (essay review of the ALI project on Enterprise Liability) 44 Stanford Law Review 1163 (1992)
- Nader's Failures? The Struggle for Auto Safety, 80 California Law Review 289 (1992)
- Doctor No (essay review of "Medical Malpractice on Trial" by Paul Weiler) 58 University of Chicago Law Review 1499 (1991)
- Taking Advantage of the Torts Crisis, 48 Ohio State Law Journal 329 (1987)
- "Serious Tort Law Reform" 24 University of San Diego Law Review 795 (1987)
- Right and Wrong Ways of Doing Away with Commerical Air Crash Litigation, 52 J. Air Law and Commerce 681 (1986)
- "Personal Injury Law Reform" 16 Industrial Law Journal 30 (1987)
- Doing Away with Tort Law 73 California Law Review 555 (1985), later expanded as "Doing Away with Personal Injury Law" (1989 Quorum Books, Greenwood Publishing)
Book Reviews
Reports
- Personal Injury Law, A Report to the California Policy Seminar and the California Economic Development Corp. (1987)
Newspaper, Magazine and Other Brief Pieces
- “The Transformation of Tort Law” in Materials on Tort Reform (A. Popper ed.) 40 (2010)
- "Why We Need to Readjust the Tort System," The Atlantic, July 3, 2012
- Presenting the Fleming Award to Justice Allen Linden, 33 Pepp. L. Rev. 925 (2006)
- "The Legal Sting of Pain and Suffering," Los Angeles Times June 5, 2005
- “Liability Issues” in Proceedings of the Conference on the So-Called Global Tobacco Settlement: Its Implications for Public Health and Public Policy, Institute of Legal Studies, University of Wisconsin Law School, October 15-17, 1997 (1998)
- "Eliminating the Personal Injury Law Lottery" San Jose Mercury, October 8, 1989
- "Personal Injury Law Doesn't Work" Sacramento Bee, September 24, 1989
- "Claims, Not Courts, for Injuries" Los Angeles Times, August 28, 1989
- "Two Proposals on Tort Reform" National Law Journal (July 4, 1988)
