TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, July 18, 2016

Most-Cited Torts/Products Liability Scholars (2010-2014)

Brian Leiter has posted the most-cited torts and products liability scholars in the period 2010-2014.  The data is drawn from a 2015 study led by Gregory Sisk.

Rank

Name

School

Citations

Age in 2016

1

John C.P. Goldberg

Harvard University

  550

55

2

Benjamin Zipursky

Fordham University

  470

56

3

Tom Baker

University of Pennsylvania

  450

57

4

Robert Rabin

Stanford University

  410

77

5

Catherine Sharkey

New York University

  400

46

6

Kenneth Abraham

University of Virginia

  350

70

7

Anita Bernstein

Brooklyn Law School

  290

55

 

Stephen Sugarman

University of California, Berkeley

  290

74

9

David Rosenberg

Harvard University

  270

73 (est.)

10

Michael Green

Wake Forest University

  240

66

   

Other highly-cited scholars who work partly in these areas

   
 

Richard Epstein

New York University; University of Chicago

2680

73

 

Steven Shavell

Harvard University

1340

70

 

Saul Levmore

University of Chicago

  550

63

 

Keith Hylton

Boston University

  440

56

July 18, 2016 in Scholarship, TortsProfs | Permalink | Comments (0)

Tuesday, March 29, 2016

AALS Torts Section: Call for 2017 Newsletter Items and Prosser Award Nominations

Dear Colleagues,
 
I hope this email finds you well. In my capacity as Secretary of the AALS Torts & Compensation Systems section, I am writing to pass along two important notices.
 
1. Torts and Compensation Section Newsletter
 
As most of you know, our section publishes a newsletter each fall listing: (1) symposia related to tort law; (2) recent law review articles on tort law; (3) selected articles from Commonwealth countries on tort law; and (4) books relating to tort law. If you know of any works that should be included, please forward relevant citations and other information to me at stacey.tovino@unlv.edu. The deadline for inclusion in this fall's newsletter is Friday, August 12, 2016. 
 
2.  2017 William L. Prosser Award
 
This is the first call for nominations for the 2017 William L. Prosser Award. The award recognizes “outstanding contributions of law teachers in scholarship, teaching and service” in torts and compensation systems. Recent recipients include Aaron Twerski, Mike Green, James Henderson, Jane Stapleton, Guido Calabresi, Robert Rabin, Richard Posner, Oscar Gray, and Dan Dobbs. Past recipients include scholars such as Leon Green, Wex Malone, and John Wade.
 
Any law professor is eligible to nominate another law professor for the award. Nominators can renew past nominations by resubmitting materials. Living tort scholars and those who have passed away within the last five years are eligible for the award. Selection of the recipient will be made by members of the Executive Committee of the Torts & Compensation Systems section, based on the recommendation of a special selection committee. The award will be presented at the annual AALS meeting in San Francisco in January 2017.   
 
Nominations must be accompanied by a brief supporting statement and should be submitted no later than Friday, July 15, 2016. Email submissions to stacey.tovino@unlv.edu are preferred. If you would rather mail hard copies of nomination materials, please mail them to Prof. Stacey Tovino, William S. Boyd School of Law, University of Nevada, Las Vegas, 4505 S. Maryland Parkway, Box 1003, Las Vegas, Nevada 89154.  
 
I will send additional reminders about both the newsletter and the Prosser Award as the deadlines approach.  In the meantime, feel free to contact me if you have any questions.
 
Thank you and all the best,
~Stacey Tovino 

Stacey A. Tovino, JD, PhD
Lehman Professor of Law
Director, Health Law Program
William S. Boyd School of Law
University of Nevada, Las Vegas

Stacey.Tovino@UNLV.edu

(832) 289-6313

March 29, 2016 in Scholarship, TortsProfs | Permalink | Comments (0)

Thursday, March 24, 2016

Touro Seeks Visitor

From Dean Patty Salkin at Touro:

JOB ANNOUNCEMENT
Visiting Professor
Touro Law Center

The Jacob D. Fuchsberg Law Center of Touro College invites applications for Visiting Professors to teach one or more of the following courses: Civil Procedure and Torts during the fall 2016 semester and Evidence the spring 2017 semester. Teaching experience in one or more of these three courses is required.  The Law Center will entertain expressions of interest for one semester and full-year appointments based on teaching experience and curricular needs.

Touro Law Center is a student-centered school conveniently across the street from the Eastern District of New York courthouse and is located only 45 miles from New York City in Suffolk County, Long Island, New York.  We seek candidates with a demonstrated commitment to excellence in teaching and mentoring students, as well as a willingness to engage in the intellectual academic life of the Law Center.

Touro Law is dedicated to the goal of diversity and strongly encourages applications from women and minorities.  Applications will be reviewed on a rolling basis.  Applications must include a resume and statement of interest and should be mailed to Professor Meredith R. Miller, Chair, Faculty Appointments Committee, at mmiller@tourolaw.edu<mailto:mmiller@tourolaw.edu>

March 24, 2016 in TortsProfs | Permalink | Comments (0)

Wednesday, March 9, 2016

NPL: Most-Cited Torts Articles of the Past 25 Years

At New Private Law, Ted Sichelman has compiled a list of the most-cited torts articles of the past 25 years.

March 9, 2016 in Scholarship, TortsProfs, Weblogs | Permalink | Comments (0)

Monday, February 1, 2016

Zipursky to Give 2016 Monsanto Lecture

On Thursday, Ben Zipursky will give the Monsanto Lecture at Valparaiso University.  His topic:  "Civil Recourse and Pragmatic Conceptualism in Tort Theory:  The Case of Online Defamation."  For more information or to RSVP, go here.

February 1, 2016 in Conferences, TortsProfs | Permalink | Comments (0)

Tuesday, January 5, 2016

AALS Torts Panel This Friday!

Don't forget the Torts and Compensation Systems Section Panel this Friday at 1:30:  "MacPherson at 100: Perspectives on its Influence and Meaning."  Aaron Twerski will receive the Prosser Award at the beginning of the presentation.

January 5, 2016 in Conferences, TortsProfs | Permalink | Comments (0)

Thursday, December 17, 2015

A Conversation with Fordham's Torts Professors

The Fordham Law News just published a conversation among four torts professors:  Ben Zipursky, Howard Erichson, Michael Martin, and Jed Shugerman.  They answer questions about frivolous lawsuits, efficiency, insurance, and more.  Check it out here.

December 17, 2015 in TortsProfs | Permalink | Comments (0)

Tuesday, October 6, 2015

AALS Torts Section 2015 Newsletter

is here:  Download AALS Tort Section Newsletter 2015.  Thanks to my co-author Jessica Smeriglio.  We appreciate the assistance of Widener Commonwealth librarians Pat Fox and Ed Sonnenberg.

October 6, 2015 in Conferences, Scholarship, TortsProfs | Permalink | Comments (0)

Sunday, September 27, 2015

American Museum of Tort Law Opens

Ralph Nader's American Museum of Tort Law opened yesterday in his home town of Winsted, Connecticut.  Among others, Andy Popper spoke at the ceremony.  The New Haven Register has coverage

September 27, 2015 in Conferences, Current Affairs, TortsProfs, Travel | Permalink | Comments (0)

Thursday, September 17, 2015

Brooklyn's Twerski to Receive Prosser Award

Twerski_aaron

The AALS Torts & Compensation Systems Section has announced that Aaron Twerski (Brooklyn) will receive the 2016 Prosser Award.  From the announcement:

On behalf of the Torts and Compensation Systems Executive Committee, it gives me great pleasure to announce that the recipient of the 2016 William L. Prosser Award is Aaron Twerski of Brooklyn Law School. Through his work as Co-Reporter for the Restatement (Third) of Torts: Products Liability, his own scholarship, his contributions to multiple casebooks, his exemplary teaching, and his generosity toward other scholars, Aaron Twerski has made “outstanding contributions ... in scholarship, teaching and service” of the kind that the Prosser Award was designed to recognize. I hope you will join the Executive Committee in offering our congratulations.
 
The award will be presented at our section meeting at 1:30 pm on January 8, 2016, during the AALS annual conference at the New York Hilton in New York City. We hope to see many of you there.
 
Many thanks to all of you who took the time to submit such thoughtful nominations to our nominating committee. Many thanks, too, to that committee, consisting of Mike Green, James Henderson, and Andy Klein. And finally, once again, many congratulations to Aaron.

September 17, 2015 in TortsProfs | Permalink | Comments (1)

Friday, August 21, 2015

Ralph Nader Invites You to the Grand Opening of the American Museum of Tort Law

The American Museum of Tort Law in Winsted, Connecticut has the Convocation heralding its grand opening on September 26, 2015 and you are invited:  Download TortMuseumInvitation

August 21, 2015 in Current Affairs, TortsProfs | Permalink | Comments (1)

Tuesday, August 11, 2015

Palmer on His Role in Compensation-Oriented Tort Reform

Sir Geoffrey Palmer QC has posted to SSRN the chapter of his 2013 memoir covering his role in various tort reforms, including New Zealand's move away from tort.  Entitled Big Change, Exciting Adventures: Accident Compensation, the abstract provides:

This comprises a chapter of the author’s 2013 memoir that was published by the Victoria University Press, Wellington, New Zealand. It concerns New Zealand’s novel accident compensation scheme that replaces tort law as a means of compensating the victims of accidents. It reviews the author’s involvement with the reform from its earliest days up until the present. It traces the difficulties with enacting the scheme, its administration and its financing. It also reviews efforts to take the reform to Australia where it was not enacted. It reflects upon the difficulties of securing general deterrence through the allocation of accident costs.

August 11, 2015 in TortsProfs | Permalink | Comments (0)

Friday, July 17, 2015

Jane Stapleton Elected to British Academy

Brian Leiter is reporting that Jane Stapleton has been elected a Corresponding Fellow of the British Academy.  Congratulations to Jane!

July 17, 2015 in TortsProfs | Permalink | Comments (0)

Friday, June 5, 2015

AALS Torts Section: Second Request for News and Prosser Award Nominations

Dear Colleagues,  

Greetings!  In my capacity as Secretary of the AALS Torts & Compensation Systems section, I am writing to pass along two important notices.  

1. Torts and Compensation Section Newsletter   As most of you know, our section publishes a newsletter each fall listing: (1) symposia related to tort law; (2) recent law review articles on tort law; (3) selected articles from Commonwealth countries on tort law; and (4) books relating to tort law. If you know of any works that should be included, please forward relevant citations and other information to me at cjrobinette@widener.edu. The deadline for inclusion is August 17, 2015.   

2.  2016 William L. Prosser Award   This is the first call for nominations for the 2016 William L. Prosser Award. The award recognizes “outstanding contributions of law teachers in scholarship, teaching and service” in torts and compensation systems. Recent recipients include Mike Green, James Henderson, Jane Stapleton, Guido Calabresi, Robert Rabin, Richard Posner, Oscar Gray, and Dan Dobbs.  Past recipients include scholars such as Leon Green, Wex Malone, and John Wade.  

Any law professor is eligible to nominate another law professor for the award. Nominators can renew past nominations by resubmitting materials. Living tort scholars and those who have passed away within the last five years are eligible for the award. Selection of the recipient will be made by members of the Executive Committee of the Torts & Compensation Systems section, based on the recommendation of a special selection committee. The award will be presented at the annual AALS meeting in January 2016.

   
Nominations must be accompanied by a brief supporting statement and should be submitted no later than July 13, 2015.   Email submissions to cjrobinette@widener.edu are preferred.   If you would rather mail hard copies of nomination materials, please mail to:  Chris Robinette, Widener University School of Law, 3800 Vartan Way, P.O. Box 69380, Harrisburg, PA 17106-9380.


Please feel free to contact me if you have any questions.

Thank you—

Chris 

June 5, 2015 in Conferences, Scholarship, TortsProfs | Permalink | Comments (0)

Friday, May 29, 2015

Rustad's Work Featured in Column

Mike Rustad's tort scholarship is featured heavily in a column written by his son, James.  A singer/songwriter as well, James includes his song "The Great Inevitably Exploding Ford Pinto."

May 29, 2015 in TortsProfs | Permalink | Comments (0)

Tuesday, March 31, 2015

Robinette on William Prosser's Letters

I have posted to SSRN The Prosser Letters: 1919-1948.  The abstract provides:

William Prosser was one of the most accomplished and influential scholars of the twentieth century.  He molded the development of tort doctrine, especially in the areas of products liability, privacy, and the intentional infliction of emotional distress.  In spite of his numerous achievements, there is no full-length biography of Prosser.  A major reason no one has written such a volume is the lack of Prosser’s papers.  Based on information from a Berkeley Law librarian, it appears Prosser destroyed most of his papers in 1963.  Recently, however, prominent academics have both written shorter biographical pieces on Prosser and called for further research on his life.

Progress is possible thanks to the serendipitous discovery of a pile of Prosser’s old letters at a garage sale in the Berkeley area.  The letters begin when the twenty-one-year-old Prosser is in Europe after fighting in World War I and continue through Prosser’s role as a visiting professor at Harvard Law School in 1948.  They provide a first-hand account from Prosser during crucial periods of his life.

This essay is based on a review of those letters.  It accomplishes three main things.  First, it fills in considerable details of Prosser’s life, including the resolution of several contested issues, such as where Prosser spent his childhood and when he matriculated as a 1L at Harvard Law School.  Second, the essay provides a first-hand account of Prosser’s pedagogical experience in law school and how that affected his teaching, his struggle with the decision to become an academic, and his candid appraisal of the academy.  Third, the essay reveals Prosser’s assessment of his own honesty, which is especially provocative in light of the controversy surrounding his methods for influencing the law.

March 31, 2015 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 25, 2015

AALS Torts Section: Request for News and Prosser Award Nominations

Dear Colleagues,
 
Greetings!  In my capacity as Secretary of the AALS Torts & Compensation Systems section, I am writing to pass along two important notices.
 
1. Torts and Compensation Section Newsletter
 
As most of you know, our section publishes a newsletter each fall listing: (1) symposia related to tort law; (2) recent law review articles on tort law; (3) selected articles from Commonwealth countries on tort law; and (4) books relating to tort law. If you know of any works that should be included, please forward relevant citations and other information to me at cjrobinette@widener.edu. The deadline for inclusion is August 17, 2015
 
2.  2016 William L. Prosser Award
 
This is the first call for nominations for the 2016 William L. Prosser Award. The award recognizes “outstanding contributions of law teachers in scholarship, teaching and service” in torts and compensation systems. Recent recipients include Mike Green, James Henderson, Jane Stapleton, Guido Calabresi, Robert Rabin, Richard Posner, Oscar Gray, and Dan Dobbs.  Past recipients include scholars such as Leon Green, Wex Malone, and John Wade.
 
Any law professor is eligible to nominate another law professor for the award. Nominators can renew past nominations by resubmitting materials. Living tort scholars and those who have passed away within the last five years are eligible for the award. Selection of the recipient will be made by members of the Executive Committee of the Torts & Compensation Systems section, based on the recommendation of a special selection committee. The award will be presented at the annual AALS meeting in January 2016.   

Nominations must be accompanied by a brief supporting statement and should be submitted no later than July 13, 2015.   Email submissions to cjrobinette@widener.edu are preferred.   If you would rather mail hard copies of nomination materials, please mail to:  Chris Robinette, Widener University School of Law, 3800 Vartan Way, P.O. Box 69380, Harrisburg, PA 17106-9380.

Our committee will send additional reminders about both the newsletter and the Prosser Award as the deadlines approach.  In the meantime, feel free to contact me if you have any questions.

Thank you—

Chris 

March 25, 2015 in TortsProfs | Permalink | Comments (0) | TrackBack (0)

Friday, March 20, 2015

Engstrom on Exit and Adversarialism in Compensation Systems

Nora Engstrom (Stanford) has posted her contribution to the O'Connell tribute to SSRN.  Entitled Exit, Adversarialism, and the Stubborn Persistence of Tort the abstract provides:

Serious tort reformers have long tried to divert certain claims from the tort system into no-fault or “replacement” regimes where, it is said, compensation can be more easily, expeditiously, predictably, and simply delivered.  Yet while many continue to champion no-fault’s expansion, surprisingly few have stopped to ask how America’s various no-fault experiments, in place for over a century, have thus far fared.  Taking up that challenge, this Essay, written in memory of no-fault pioneer Jeffrey O’Connell, canvasses America’s four boldest experiments with no-fault legislation.  The investigation — of workers’ compensation, automobile no-fault, the Vaccine Injury Compensation Program, and birth injury funds in Florida and Virginia — reveals that all four of our most ambitious no-fault experiments have, in significant respects, failed.  Seepage from no-fault regimes and into the tort system has been a persistent problem.  Further, even when compensation has been provided within existing no-fault mechanisms, the mechanisms have become bogged down by adversarialism, marked by longer times to decision and increased combativeness, attorney involvement, and reliance on formal adjudicatory procedures.  Showing how and why no-fault has repeatedly fallen short, this Essay seeks to complicate conventional wisdom concerning no-fault’s ostensible advantages.  And, it seeks to honor O’Connell’s proud legacy, for only by identifying what’s gone wrong, might we start anew on a path toward the creation of better and more resilient reforms.

All of the papers in the JTL tribute are now available here.

March 20, 2015 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Thursday, March 5, 2015

Rabin on O'Connell

Bob Rabin (Stanford) has posted to SSRN his contribution to the JTL's O'Connell tribute.  Entitled Jeffrey O'Connell and the Compensation Principle in Accident Law:  Institutional and Intellectual Perspectives, the abstract provides:

In this essay, I locate the principles that animated the career of Jeffrey O’Connell in a larger context of examining the role of compensation in accident law. I provide a short historical excursion to set the stage. Next, I discuss how O’Connell followed his initial venture involving auto no-fault with a more expansive scheme of elective no-fault coverage for products and medical mishaps, which in turn was followed by his early offers proposal. Then, I briefly trace the legacy of O’Connell in the present era of mass tort and disaster relief claims. A final section offers a concluding note.

March 5, 2015 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)

Monday, March 2, 2015

Robinette on Party Autonomy in Tort Theory and Reform

I have posted to SSRN my contribution to the Journal of Tort Law's Jeffrey O'Connell tribute.  Entitled Party Autonomy in Tort Theory and Reform, the abstract provides:

Tort theory has been dominated by a debate between scholars who view tort law as rooted in individualized justice and scholars who argue tort law is an instrument of social policy. This dialogue has distracted scholars from the more important issue of how to properly separate cases worthy of individualized justice treatment from those better suited to routinized resolution. Tort law already contains both types. One potentially fruitful method of separation is to empower the parties themselves to make the decision. They could do so by voluntarily trading liability for the elimination or substantial reduction in non-economic damages. Such an approach honors individualized justice by leaving the parties in control of the case and, if used, would increase both compensation and administrative efficiency, arguably without a reduction in the deterrent effect. Although the purpose of this article is not to design the ideal proposal(s) to embody such an approach, Jeffrey O’Connell has given us several models to begin our deliberations. It is only the latest contribution in his impressive legacy.

March 2, 2015 in Scholarship, TortsProfs | Permalink | Comments (0) | TrackBack (0)