Steve Sugarman's Homepage
To access documents or to roam around the homepage, click on the underlined blue links.
Stephen D. Sugarman, Roger J. Traynor Professor of Law
327 Boalt Hall, University of California, Berkeley, Berkeley CA 94720-7200
Phone 510-642-0130 ....... Fax 510-643-2672
Send me e-mail:
sugarman@law.berkeley.edu
Here is a brief index to my home page.
- Dining Guides
- My Papers
- ------ Disasters
- ------ Performance-Based Regulation/Public Health/Obesity
- ------ Conflict of Interest
- ------ School Choice and School Finance
- ------ Tobacco Control Policy
- ------ Auto Insurance
- ------ Short Term Paid Leave and Lifestyle Discrimination
- ------ Torts (Personal Injury Law) Generally
- ------ Children and Family Policy and the Law (including Welfare and Social Security Reform)
- My Courses
- Family Photos
- Student Papers
My Resume
My Daughter Kate in New York October 1999
My Wife Karen (1999)
My Daughter Kate in New York April 2002
My Wife Karen in India (2006)
Kate and Gabriel 2003
Allen Linden and Steve Sugarman Award the John Fleming Prize to Guido Calebresi in New York June 2003
Kate and Gabriel at their wedding July 31, 2004
Family Photo December 2007
My Wife Karen in NY Fall 2007
Kate summer 2008
- Drink, Eat and Be Merry: Dining at the Bar at Fully Licensed Restaurants in Oakland, Berkeley, and Emeryville
- San Francisco-Bay Area Boalt Hall Dining Guide (as of 1/1/08)
- Tuscany Dining Guide (very out of date)
Papers of Mine Available for Viewing or Downloading
The Case for Specially Compensating the Victims of Terrorist Attacks: An Assessment (with Robert Rabin, 35 Hofstra L. Rev. 901 (2007)
Roles of Government in Compensating Disaster Victims (Issues in Legal Scholarship, The Berkeley Electronc Press c 2007)
Compensation and Indemnification of Victims of Catastrophic Events (with Mark Geistfeld, for the ABA Section of Litigation Project on the Rule of Law in times of Calamity, 2006)
Public Health Policy and Law (Performance-based Regulation)
Generally:
Obesity::
Fighting Childhood Obesity Through Performance-Based Regulation of the Food Industry (with Nirit Sandman, published at 56 Duke L. J. 1403-1490 (2007)
Making the Food and Beverage Industry Take Reponsibility for Reducing Childhood Obesity: A Market-based Approach to Public Health (published as "A New Diet Plan" in Legal Times January 10. 2005)
Let's Try Performance-Based Regulation to Attack Our Smoking and Obesity Problems, 38 Boalt Hall Transcript (#2) 30 (2005)
Conflicts of Interest in the Roles of the University Professor , 6 Theoretical Inquiries in Law 255 (2005)
School Choice and School Finance
- The Promise of School Choice for Improving the Education of Low-Income Minority Children (final draft; published in "Rekindling the Spirit of Brown v. Education," a joint issue of 5 UC Berkeley law journals 2004)
- Charter School Funding Issues (published on line at: http://epaa.asu.edu/epaa/v10n34.html, 2002)
- The Supreme Court of the United States and Education (published in the Encyclopedia of Education 2002)
- Amicus Brief in the Cleveland School Voucher Case (Zelman) 2001 (with John Coons)
- Approving Charter Schools: The Gate Keeper Function (with Emlei Kuboyama) 53 Administrative Law Review 869 (2001)
- School Choice and Social Controversy (Stephen D. Sugarman and Frank Kemerer, Brookings Institution Press 2000)
- "Visions of Schooling" (review of Rosemary Salomone's book, published online in The Law and Politics Book Review, 2000)
- "Choosing Equality" (review of Joseph Viteriti's book, published in Teachers College Record, 2000)
- Op-Ed Against California's Proposition 38 (the Draper School Voucher Initiative) with John E. Coons, Sacramento Bee, September 24, 2000)
- Op-Ed Against California's Proposition 38 (the Draper School Voucher Inititiative) with John E. Coons, Los Angles Times, July 27,2000
- Too Many Liberals Are on the Wrong Side of the School Choice Debate (published as Liberals and the School Choice Debate, 67 Congress Monthly, Nov/Dec, 2000 at p. 6)
- Charter Schools and Charter Schools Litigation (DRAFT presentation to the Education Law Section of the AALS, Washington DC, January 7, 2000)
- School Choice for Low Income Families (presented at Penn Law School October 22, 1999 and published in the Rutgers Journal of Law and Religion, 2000) http://www-camlaw.rutgers.edu/publications/law-religion/
- The Nature and Extent of School Choice (with Jeff Henig) Chapter 1 in Sugarman and Kemerer, "School Choice and Social Controversy: Politics, Policy and Law" (Brookings Institution Press 1999)
- School Choice and Its Public Funding Chapter 4 in Sugarman and Kemerer, "School Choice and Social Controversy: Politics, Policy and Law" (Brookings Institution Press 1999)
- Educational Adequacy and the Courts: The Promise and Problems of Moving to a New Paradigm (with Paul A. Minorini) in "Equity and Adequacy Issues in Education Finance: Issues and Perspectives," (H. Ladd, R. Chalk, and J. Hansen, eds. National Academy Press, 1999)
- School Finance Litigation in the Name of Educational Equity: Its Evolution, Impact and Future (with Paul A. Minorini) in "Equity and Adequacy Issues in Education Finance: Issues and Perspectives," (H. Ladd, R. Chalk, and J. Hansen, eds. National Academy Press, 1999)
- Education by Choice: The Case for Family Control (Introduction to the 1999 edition with John E. Coons)
- Florida's Voucher Plan: Public School at Last? (with John E. Coons, Knight-Ridder syndicate May 13, 1999)
- Making Money Matter This book contains the final report of the Committee on Education Finance of the National Academy of Sciences on which I sat from 1996-99. This link is to the National Academy Press Website.
- The Federal Role in Education, 17 St. Louis University Law and Policy Review 79 (1997)
- The Scholarship Initiative: A Model State Law For Elementary and Secondary School Choice, (with John E. Coons) 21 Journal of Law and Education 529 (1992)
- Using Private Schools to Promote Public Values, 1991 University of Chicago Legal Forum 171
- Part of the Solution Rather Than Part of the Problem: A Role for American Private Elementary and Secondary Schools in the 1990s, 31 William & Mary Law Review 681 (1989)
- School Sorting and Disclosure: Disclosure to Families as a School Reform Strategy: Part I: Existing Practices and the Social Interest in School Information Disclosure, (with Lee Friedman) 17 Journal of Law and Education 53 (1988)
- School Sorting and Disclosure: Disclosure to Families as a School Reform Strategy: Part II: Legal and Policy Analysis, (with Lee Friedman) 17 Journal of Law and Education 147 (1988)
- Federal Scholarships for Private Elementary and Secondary Education (with John E. Coons) from "Private Schools and the Public" Good (Gaffney ed. University of Notre Dame Press 1980)
- Credits v. Subsidies (with John E. Coons) from "Private Schools and the Public" Good (Gaffney ed. University of Notre Dame Press 1980)
- Rethinking Collective Responsibility for Education (with David Kirp), 39 Law and Contemporary Problems 144 (1975)
- Equal Protection for Non-English-Speaking School Children: Lau v. Nichols (with Ellen Widess), 62 California Law Review 157 (1974)
- Family Choice: The Next Step in the Quest for Equal Educational Opportunity?, 38 Law and Contemporary Problems 513 (1973)
- Family Choice in Education: A Model State System for Vouchers (with John E. Coons), 59 California Law Review 321 (1971)
- Educational Opportunity: A Workable Constitutional Test for State Financial Structures, 57 California Law Review 307 (1969) (with John E. Coons and William H. Clune) (An expanded version of this article became "Private Wealth and Public Educaiton" Harvard University Press 1970)
Tobacco Control: Policy and Litigation
- Should Tobacco Companies Be Required to Reduce Their Number of Customers? http://www.alternet.org/healthwellness/73783
- Give the Tobacco Companies Responsibility for Reducing Smoking Rates National Law Journal, February 7, 2005
- Comparing Tobacco & Gun Litigation (from "Suing the Gun Industry," T Lytton ed., 2005)
- Review of Viscusi's "Smoke Filled Rooms" (published in Law and Politics Book Review on line 2003)
- A Balanced Tobacco Control Policy (http://www.ajph.org/cgi/content/abstract/93/3/416)
- Review of Three Recent Tobacco Books (for JPAM) (October 2002 version)
- Mixed Results From Recent US Tobacco Litigation, 10 The Tort Law Review 94-126 (2002 Australia)
- Regulating Tobacco (Oxford University Press, Robert Rabin and Stephen D. Sugarman, eds. 2001)
- International Aspects of Tobacco Control and the Proposed WHO Treaty (chapter 9 from Rabin and Sugarman "Regulating Tobacco" 2001)
- Tobacco Litigation Update (as of November 5, 2001)
- Tobacco Tort Litigation in California, 38 San Diego Law Review 1051 (2001)
- Hooking Children: Massachusetts is in the Supreme Court to Keep Cigarette Ads Away from Kids, Sacramento Bee on April 25, 2001
- Suing the Tobacco Companies in the U.S. and Japan (published by Nihon University, Comparative Law Instititute, Tokyo, Japan, 1999)
- International Aspects of Tobacco Control (this is the English version) (The Japanese version may be found in "Sociolegal Studies of Tobacco Litigations: Hermeneutics of the Contemporary Law" (T. Tanese, ed.) (Sekai-shiso Sha, 2000) (translated by Kayo Minamino)
- The Smoking War and the Role of Tort Law (published in "The Law of Obligations: Essays in Celebration of John Fleming," P. Cane and J. Stapleton, eds., Oxford University Press, 1998.)
- Tobacco Litigation and the Anti-Smoking Movement in the U.S. and Japan (Lecture delivered at Waseda University, Tokyo, Japan, October, 1998)
- Disparate Treatment of Smokers in Employment and Insurance (chapter 8 from "Smoking Policy" Rabin and Sugarman, 1993)
- Smoking Policy Overview (chapter 1 from "Smoking Policy" Rabin and Sugarman, Oxford University Press 1993)
- Pay at the Pump: the California Vehicle Injury Plan (VIP) for Better Compensation, Fairer Funding and Greater Safety (IGS Press, UC, Berkeley, 1993)
- What Sort of Liability Insurance Should Premiums Paid at the Pump Cover? A Proposal for Catastrophic Loss Coverage (Paper delivered at RFF Conference on Pay at the Pump in Washington, January 1999)
- The Uninsured Motorist Puzzle (published in Crossroads 1998)
- Quebec's Comprehensive Auto No-Fault Scheme and the Failure of Any of the United States to Follow (published in Les Cahiers de Droit, numero special, 1998.)
- Put a Limit on Uninsured Motorists' Right to Sue (1995 in the Sacramento Bee and elsewhere in support of what later became California law through the initiative process)
- Pay at the Pump, 13 Journal of Policy Analysis and Management 363 (1994)
- Nader's Failures? The Struggle for Auto Safety, 80 California Law Review 289 (1992)
- Choosing Among Systems of Auto Insurance for Personal Injury, 26 San Diego Law Review 977 (1989)
Short Term Paid Leave and Lifestyle Discrimination
- "Lifestyle" Discrimination in Employment (find the published version in 24 Berkeley Journal of Employment and Labor Law 377 (2003))
- Let Employees Control Their Paid Time Off, Knight-Ridder Syndicate, May 22,1999
- Short Term Paid Leave: A New Approach to Social Insurance and Employee Benefits,75 California Law Review 465 (1987)
Torts (Personal Injury Law) Generally
- Cases in Vaccine Court -- Legal Battles Over Vaccines and Autism, 357:13 New England Journal of Medicine 1275 (Septermber 27, 2007)
- 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
- Legal Sting of Pain and Suffering: June 5, 2005 Los Angleles Times
- Pain and Suffering: Comparative Law Perspective (55 DePaul Law Review, 399 (2005 Clifford Symposium))
- Tort Reform Through Damages Law Reform (an essay in honor of Harold Luntz), 27 Sydney Law Review 507 (2005)
- 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))
- Precise Justice and Rough Justice: Scientific Causation in Civil Litigation as Compared with Administrative Compensation Plans and Mass Tort Settlements (2004)
- Torts Stories (edited by Rabin and Sugarman, Foundation Press 2003)
- Vincent v. Lake Erie: Liability for Harm Caused by Necessity (from Torts Stories, Rabin and Sugarman eds. Foundation Press, 2003) (word version)
- US Tort Reform Wars (published in University of New South Wales Law Journal December 2002)
- 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)
- Visions of A Restatement (Fourth) of Torts , 50 UCLA Law Review 585, 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)
- 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)
- The Importance of Civil Procedure in the American Legal System (Delivered in Kyoto Japan, September, 1998) (published in Japanese in Amerika Ho, Japanese American Society for Legal Studies 1999)
- Assumption of Risk (the 1997 Monsanto Lecture) 31 Valparaiso University Law Review 833 (1997)
- Should Congress Engage in Tort Reform?, 1 Michigan Law and Policy Review 121 (1996)
- A Restatement of Torts (essay review of the ALI project on Enterprise Liability) 44 Stanford Law Review 1163 (1992)
- Doctor No (essay review of "Medical Malpractice on Trial" by Paul Weiler) 58 University of Chicago Law Review 1499 (1991)
- California's Insurance Revolution: The First Two Years of Proposition 103, 27 San Diego Law Review 683 (1990)
- A Regulated Market in Unmatured Tort Claims: Tort Reform by Contract (with Robert Cooter), 37 Proceedings of the Academy of Political Science 174 (1988)
- Personal Injury Reform: A Proposed First Step (for Great Britain), 16 Industrial Law Journal 30 (1987)
- Serious Tort Law Reform, 24 San Diego Law Review 795 (1987)
- Taking Advantage of the Torts Crisis, 48 Ohio State Law Journal 329 (1987)
- Right and Wrong Ways of Doing Away with Commerical Air Crash Litigation, 52 J. Air Law and Commerce 681 (1986)
- 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)
Children and Family Policy and the Law (including Welfare and Social Security Reform)
What is a Family? Conflicting Messages from Our Public Programs (draft as of March 9, 2008)
Framing Public-Policy Interventions on Behalf of Children as Parent-Empowering, a chapter in Raising Children (edited by Jill Berrick and Neil Gilbert, Oxford University Press 2008).
Who Counts as an American Family, from Family and the Law in the 21st Century 943-63 (2007)
Single Parent Families Chapter 2, from All Our Families (Mason, Sugarman and Skolnick eds., Oxford University Press, Second Edition 2003)
Spousal Emotional Dispute as a Tort? (with Ira Ellman), 55 Maryland Law Review 1268 (1996)
Welfare Reform and the Coooperative Federalism of America's Public Income Transfer Programs, 14 Yale L & Policy Review 123 (1996)
Welfare Reform Meets Ideological Impasse, 7 Hastings Women's Law Journal 363 (1996)
Financial Support of Children and the End of Welfare as we Know It, 81 Virginia Law Review 2523 (1995)
Deciding What's Best For Children (with John E. Coons and Robert Mnookin), 7 Notre Dame Journal of Law, Ethics and Public Policy 465 (1993)
Puzzling over Children's Rights (with John E. Coons and Robert Mnookin), 1991 BYU Law Review 307
Dividing Financial Interests on Divorce, Chapter 5 from "Divorce Reform at the Crossroads" (Sugarman and Kay, eds. Yale University Press 1990)
Children's Benefits in Social Security, 65 Cornell Law Review 836 (1979)
Other
British Antitrust Response to the American Business Invastion (with Arnold Kanter), 22 Stanford Law Review 433 (1969)
Torts Stories - Student Papers from 2003-04
Bryan Kirk: 101 California Street Killings and Gun Control Litigation: Merrill v. Navegar, Inc.
Michael Lewis: A Child's Right to Sue Its Mother for Injuries Suffered in Utero: Bonte v. Bonte
Elizabeth Smallwood: A First-Year Tort Law Institution: Adams v. Bullock
Heather Belt: A Not So Snazzy Deal: BMW v. Gore
Ruth Kwon: Cramming Politics Into a Phone Booth: Bigbee v. Pacific Telephone
Stephanie R. Dykeman: Boys Will Be Boys: The Expansion of the Duty to Rescue: Farwell v. Keeton
Molly Di Rago: Who Should Face the Music? Barton v. Chicago and Northwestern Ry.
The Family in Public Programs: Student Papers from Seminar with Professor Ira Ellman, fall 2005, plus an overview paper of mine
Steve Sugarman -- What is a Family? Conflicting Messages from Our Public Programs
Katina Boosalis -- Social Security
Minal Hasan -- Immigration/Immigrants
Madeline Howard -- Public Housing
Blake Thompson and Grace Ho -- Tax
Sports Stories -- Student papers from 2008
Warren Ko -- The Cruelest Irony: Monica Seles and her Struggle with German Justice