Wednesday, June 23, 2010
Monday, June 14, 2010
Lucy McGough (LSU), James Bowers (LSU), and Richard Wise (UND - Psychology) are trying to assess the current system of student-run law reviews:
For the last several decades, there has been much controversy and discussion about how well the current system of student run law reviews and journals meet the needs of legal scholars, the legal profession, and its student members and how they can be improved. Despite the significance of this controversy, no one has determined the legal community's opinions about them.
The purpose of the present survey is to assess: (1) What law professors, attorneys, judges, and law review editors think about the current system of student run law reviews and journals; (2) Whether reforms are needed; and (3) If reforms are needed, what they should be.
We are asking for your help with this important survey because the success of any survey depends in large part on the number of people who complete the survey. The present survey is completely anonymous and confidential and only takes about 15-20 minutes to complete. The results of the survey will be reported in a law review article. A link for the survey is enclosed below:
Thank you very much for considering our request.
Thursday, May 27, 2010
Thursday, March 4, 2010
Michael McCann is an Associate Professor of Law at Vermont Law School, where he teaches sports law, antitrust, torts, and sales. He also teaches a sports law reading group at Yale Law School.
McCann is also a Legal Analyst for Sports Illustrated and the “Sports and the Law” Columnist on SI.com. He has received recognition from The American Lawyer and the Newhouse School of Public Communications for excellence in journalism.
McCann is also Co-Founder of the Harvard Law School Project on Law and Mind Sciences and the Distinguished Visiting Hall of Fame Professor of Law at Mississippi College School of Law, where he was an Assistant Professor of Law between 2005 and 2008 and where he now teaches a sports law class every summer. During his three-year tenure at Mississippi, Professor McCann received the school's most prestigious teaching awards, including the Professor of the Year Award in 2007 and 2008 and the Shirley Norwood Jones Faculty Award, also in 2008.
In the fall of 2008, McCann was a Visiting Associate Professor of Law at Boston College Law School, where he taught sports law and administrative law, and served as Chair of the AALS Section on Sports and the Law.
McCann has placed scholarly pieces in the Yale Law Journal, Wisconsin Law Review, and the Connecticut Law Review, among other publications. His most recent article is American Needle v. NFL: An Opportunity to Reshape Sports Law, 119 YALE LAW JOURNAL 726 (2010).
Prior to becoming a law professor, McCann served as counsel to college football star Maurice Clarett in his lawsuit against the National Football League and its age eligibility rule. He also served as a Visiting Researcher at Harvard Law School and Legal Counsel to U.S. Congressman Marty Meehan.
McCann has been frequently interviewed on television programs, including HBO's Bob Costas Now, CNN's The Situation Room with Wolf Blitzer, American Morning, Headline News, and Glenn Beck Show, Fox News' Fox Live Desk, and CNBC's Morning Call and Power Lunch. He is also a legal correspondent for the nationally syndicated Dan Patrick Show.
Tuesday, March 2, 2010
From Howard Wasserman (FIU) comes news of a torts visitor opening at Florida International University in Miami:
Florida International University College of Law invites
applications from candidates for one or more visiting
faculty positions beginning in Fall 2010. Areas of
curricular preference include Property, Criminal Law,
Torts, Environmental Law, And Trusts and Estates. Visits
could be for either the fall or spring semester or for the
ABOUT FIU COLLEGE OF LAW:
Part of Miami's public research university, the College of
Law is a dynamic urban law school with approximately 600
students. FIU College of Law was established in 2000,
enrolled its first class in 2002, and currently has 30
full-time faculty members. In the spring of 2007, the FIU
College of Law moved into a new state-of-the-art building
at the heart of the main university campus. Over the past
two years, our FIU on-campus community has been enriched
through the addition of a new medical school and the
construction of the Frost Art Museum.
The FIU community and the College of Law are strongly
committed to the pursuit of excellence and the goal of
ensuring opportunities within the legal profession for
individuals who represent different groups as defined by
race, ethnicity, gender, sexual orientation, socioeconomic
background, age, disability, national origin, and religion.
Applicants should have a J.D. degree; applicants with
additional advanced degrees are also encouraged to apply.
Applicants must possess a strong commitment to teaching and
a record or the promise of outstanding scholarship.
Applicants interested in joining the FIU College of Law
faculty as a visiting faculty member should send a cover
letter expressing interest and a resume to:
CONTACT: Associate Dean Joelle Moreno
Chair - Faculty Appointments Committee
Florida International University
College of Law
11200 S.W. 8th Street
Miami, FL 33199
You may also send application materials electronically to
For more information, please visit our website at:
Florida International University encourages applications
from candidates who would continue to enhance the diversity
of our College of Law faculty and university community and
does not discriminate on the basis of race, color, national
origin, ancestry, sex, disability, religion, age, sexual
orientation or veteran status in its education and
employment programs or activities. FIU is also a member of
the State University System and an Equal Opportunity, Equal
Access, Affirmative Action Employer.
Tuesday, February 16, 2010
The Torts and Compensation Systems section of the American Association of Law Schools (AALS) is soliciting nominations for the William L. Prosser Award for 2011. The award "recognize[s] outstanding contributions of law teachers in scholarship, teaching and service in ... torts and compensation systems ...." The three most recent distinguished recipients are Oscar Gray, Dan Dobbs, and Robert Rabin. Past recipients also include luminaries such as Leon Green, Wex Malone, and John Wade.
Any law professor is eligible to nominate another law professor for the award. Selection of the recipient will be made by members of the Executive Committee of the Torts and Compensation Systems Section, based on the recommendation of a special selection committee. The announcement of the award will be made at the annual AALS meeting in January, 2011.
Nominations, accompanied by a brief supporting statement, should be submitted to Prof. Michael L. Rustad, Chair Elect of the Executive Committee, either by regular mail or e-mail at profrustad [at] aol.com. Nominations must be received no later than 5 pm eastern time (
Michael L. Rustad
Thomas F. Lambert Jr. Professor of Law &
Co-Director of the Intellectual Property Law Concentration
Suffolk University Law School
120 Tremont Street, Boston, Massachusetts 02108-4977
Tuesday, February 2, 2010
In the aftermath of sudden acceleration problems and a recall, Toyota is facing a stream of lawsuits. A recent Reuters piece quotes two lawprofs (and future TortsProf guest bloggers), David Owen (South Carolina) and James Henderson (Cornell), on the issue.
Owen focused on the duty to warn issue:
"The grounds to sue are that there was a design defect, regardless of what Toyota may do to mop up the consequences, and the possibility that a post-sale warning was delayed too long," he said.
"If it turned out that Toyota delayed the recall beyond the point when a reasonable manufacturer would have done so, then punitive damages in substantial amounts might be available to whoever was physically injured," Owen added.
Henderson (I'm assuming this is James Henderson at Cornell, not "Frank") addressed the basic lack of recovery for fear of injury alone:
"In a significant majority of states, there is no remedy for mental upset and fright, absent a consequential injury to people or property caused by the defect," said Frank Henderson, a Cornell Law School professor and product liability expert.
The entire article is here.
Monday, December 14, 2009
At this year's AALS meeting in January, Professor Oscar Gray, the Jacob A. France Professor Emeritus of Torts at Maryland, will receive the William L. Prosser Award in recognition of his outstanding lifetime contributions to Torts. Professor Gray is perhaps best known for his work as editor of the definitive, six-volume tort treatise, Harper, James and Gray on the Law of Torts. He is also a co-author of the torts casebook, Cases and Materials on the Law of Torts.
The University of Maryland will be hosting a reception at AALS honoring Professor Gray on January 7th at 6:30 p.m. in Grand Salon Section 24 of the Riverside Hilton in New Orleans.
NOTE: The time of the reception has been changed to 6:30 pm to avoid conflict with any AALS events.
Thursday, November 19, 2009
Monday's Guest Blogger is Ben Zipursky. Zipursky is currently the James H. Quinn '49 Chair in Legal Ethics and Professor of Law at Fordham Law School, where he teaches Torts, Law & Philosophy, Advanced Torts ‑ Defamation & Privacy, Tort Theory, and Jurisprudence. He also served as Associate Dean at Fordham from 2001-2003.
Professor Zipursky is a leading scholar in torts, tort theory and jurisprudence, and has published more than forty articles and chapters on subjects ranging from punitive damages and duty in tort law to the varieties of pragmatism within legal philosophy. Zipursky is also a co-author of Tort Law: Responsibilities and Redress (Aspen Publishers, 2004) (with fall Guest Bloggers Tony Sebok and John Goldberg), and also Torts: A Short Introduction (Oxford University Press forthcoming 2010) (with John Goldberg).
In addition to his law degree, Zipursky holds a Ph.D. in philosophy from the University of Pittsburgh. Before joining academia, Zipursky clerked for the Honorable Kimba M. Wood (S.D.N.Y), and practiced as a litigation associate at Arnold & Porter (New York). He has taught as a Visiting Professor at Columbia Law School, Vanderbilt Law School, and Harvard Law School.
Thursday, November 12, 2009
Monday's Guest Blogger is Tim Lytton. Lytton is currently the Albert and Angela Farone Distinguished Professor of Law at Albany Law School, where he teaches Administrative Law, Advanced Torts, ADR, Con Law, Jurisprudence, Legislation, Regulatory Law and Torts.
Lytton began his academic career in 1991 at Capital University Law School (Ohio), where he was an assistant professor. He was a fellow at the Hartman Institute for Advanced Jewish Studies, Jerusalem, and also a fellow in the Harvard University Program in Ethics and the Professions. Following a research fellowship at Yale University, Lytton taught at New York Law School from 1997 to 2000. Lytton joined the Albany faculty in 2000. Lytton was awarded the first annual Excellence in Teaching award in 2006.
He has published numerous articles in both English and Spanish on torts, conflict resolution, and jurisprudence. He is the editor of Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts (Michigan University Press 2005) and co-author of Jurisprudence, Cases and Materials: An Introduction to the Philosophy of Law (Lexis 2006). His most recent book is Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse (Harvard University Press 2008).
Thursday, September 17, 2009
Monday's Guest Blogger is Mike Rustad. Rustad is currently the Hugh C. Culverhouse Visiting Chair at Stetson Law School. He is also the the Thomas F. Lambert Jr. Professor of Law and co-director of the Intellectual Property Law Concentration at Suffolk University Law School. He teaches Torts, Commercial Transactions, Secured Transactions and Internet Law.
Professor Rustad, originally trained as a sociologist, is a leading academic and business lawyer whose numerous law review articles and book chapters have been cited by the U.S. Supreme Court and many state supreme courts and federal courts. He clerked for the late Judge William E. Doyle of the 10th Circuit U.S. Court of Appeals in Denver, Colorado. Prior to becoming a law professor, he was an associate with the Boston law firm of Foley, Hoag. Professor Rustad has testified before both Houses of Congress and has been interviewed by NBC Dateline, The Economist, The Wall Street Journal, The New York Times, ABA Magazineand many other national publications. He has authored or co-authored three amicus briefs before the U.S. Supreme Court on the constitutionality of punitive damages.
Professor Rustad’s most recent books include: Internet Law in a Nutshell (Westlaw 2009); Understanding Sales, Leases, and Licenses in a Global Perspective (Carolina Academic Press 2008); Tort Law: Cases, Problems, Perspectives (Lexis/Nexis, 2008) (with Thomas Galligan et. al.); Everyday Law for Consumers (Paradigm Publishers, 2008) and E-Business Legal Handbook (Aspen Law & Business, 2003).
He is an elected member of the American Law Institute and belongs to the Member Consultative Groups of the Restatement of the Law (Third) Torts and Principles of Software Contracts. He was elected to the Executive Committee of the American Association of Law Schools Section on Torts and Compensation Systems. In 2009-10, he was elected secretary of the AALS torts section. He has also served as a task force leader for the ABA Business Law Section on Information Licensing.
Thursday, September 10, 2009
Before joining the Cardozo faculty, Sebok was the Centennial Professor of Law and the associate dean for research at Brooklyn Law School, where he taught for 15 years. In 2005-06, Sebok was a Fellow in the Program in Law and Public Affairs at Princeton University, and in 1999, he was a Fellow at the American Academy in Berlin. After completing law school, he clerked for Chief Judge Edward N. Cahn of the U.S. District Court for the Eastern District of Pennsylvania.
Sebok has authored numerous articles about mass restitution litigation, including lawsuits involving tobacco, handguns, and slavery reparations. Sebok has also written extensively on the differences between the European and American tort systems, and is currently writing a book with Mauro Bussani of the University of Trieste on comparative tort law that will be published by Oxford University Press. Sebok is the author of Legal Positivism in American Jurisprudence, articles and essays on jurisprudence, and is the coeditor of The Philosophy of Law: A Collection of Essays. His casebook, Tort Law: Responsibilities and Redress, which he coauthored with John Goldberg and Benjamin Zipursky, is used at several leading law schools. Finally, Sebok is also a regular columnist for Findlaw.
Thursday, August 27, 2009
Monday's Guest Blogger is Keith Hylton. Hylton is currently the Honorable Paul J. Liacos Professor of Law at Boston University School of Law. Hylton joined the BU Law faculty in 1995 after teaching for six years and receiving tenure at Northwestern University School of Law. At BU Law, he teaches courses in antitrust, torts and labor law.
Hylton's articles are too numerous to list here. His 2008 publications alone include: "Asbestos and Mass Torts with Fraudulent Victims," in Symposium on Perspectives on Asbestos Litigation, 37 Southwestern Law Review 575 (2008); "Due Process and Punitive Damages: An Economic Approach," in Symposium on Punitive Damages, 2 Charleston Law Review 345 (2008); "The Lawful Acquisition and Exercise of Monopoly Power and Its Implications for the Objectives of Antitrust," with David S. Evans, 4 Competition Policy International 203 (2008); "A Positive Theory of Strict Liability," 4 Review of Law & Economics 153 (2008); "Preemption and Products Liability: A Positive Theory," 16 Supreme Court Economic Review 205 (2008); "A Theory of Wealth and Punitive Damages," in Symposium on 'Crimtorts', 17 Widener Law Journal (2008); "Unilateral Refusals to Deal and the Antitrust Modernization Commission Report," 53 Antitrust Bulletin 623 (2008); "Weyerhaeuser, Predatory Bidding, and Error Costs," 53 The Antitrust Bulletin 51 (2008); and "When Should a Case Be Dismissed? The Economics of Pleading and Summary Judgment Standards," 16 Supreme Court Economic Review 39 (2008).
In addition, Hylton serves as co-editor of Competition Policy International and editor of the Social Science Research Network's Torts, Products Liability and Insurance Law Abstracts.
Hylton is also a former chair of the Section on Torts and Compensation Systems of the American Association of Law Schools, a former chair of the Section on Antitrust and Economic Regulation of the American Association of Law Schools, a former director of the American Law and Economics Association, a former secretary of the American Bar Association Labor and Employment Law Section, a former member of the editorial board of the Journal of Legal Education and a current member of the American Law Institute.
Tuesday, August 25, 2009
Peter Halewood asked us to post this announcement from Albany Law School:
ALBANY LAW SCHOOL invites applications for as many as seven tenure-track positions beginning in the fall of 2010. Appointment will be made at the assistant, associate or full professor level, depending on experience. We are particularly interested in faculty with expertise in one or more of the following areas: family law, intellectual property, trusts and estates, tax, torts, criminal procedure, and business (including contracts, corporations, regulatory compliance, and mergers and acquisitions). Candidates must demonstrate 1) a strong academic background, 2) a capacity for and a commitment to excellence in scholarship, and 3) a capacity for and a commitment to be an effective teacher in the classroom and to spend significant time outside of class working with students.
ALBANY LAW SCHOOL is a small, independent private school in New York State’s capital. Established in 1851, it is the oldest independent law school in the nation and the oldest law school in New York. You can learn more about the school by visiting our website: www.albanylaw.edu
Application (electronic preferred) should include cover letter, resume, a list of publications and three references and be sent to Faculty Recruitment Committee c/o Barbara Jordan-Smith, Dean’s Office, Albany Law School, 80 New Scotland Ave., Albany, NY 12208-3494, firstname.lastname@example.org.
Albany Law School is an Equal Opportunity Employer.
Thursday, August 20, 2009
Our first guest blogger is the University of Virginia's Jeffrey O'Connell, co-author of the principal work that proposed no-fault insurance.
After O'Connell graduated from Harvard Law School, he was a trial lawyer in Boston with the firm of Hale & Dorr. He began teaching at Virginia in 1980 after 16 years at the University of Illinois. He also has taught at the University of Iowa and has been a visiting professor at Northwestern, the University of Michigan, Southern Methodist University, the University of Texas at Austin, the University of Washington, and Oxford and Cambridge universities in England. He was the recipient of Guggenheim fellowships in 1973 and 1979. In 1989 he was the Thomas Jefferson Visiting Fellow at Downing College, Cambridge University and, in 1991, the John Marshall Harlan Visiting Distinguished Professor at New York Law School. In 1992 he received the Robert B. McKay Award for Tort and Insurance Scholarship from the American Bar Association. In 1999, The American Lawyer listed O'Connell as likely to be viewed as one of "the Lawyers of the Century" based on his work reforming tort law.
O'Connell has served on the board of directors of Consumers Union, the Educational Advisory Board of the John Simon Guggenheim Memorial Foundation, and the Medical and Safety Committee of the NCAA.
Since 1966 he has written or co-written 12 books dealing with accident law, published dozens of articles on tort and insurance law, and lectured extensively throughout the United States and the world.
On a personal note, Jeffrey was my Torts professor and I served as his research assistant. Although Torts professors are familiar with his voluminous scholarship (in a recent book review, future guest blogger Adam Scales called him "indefatigable"), I can attest that he's a virtuoso classroom teacher as well. His post is entitled "Tort Liability as Social Insurance," and he attaches a 35-page paper to expand on the theme (indefatigable indeed!).
Monday, August 17, 2009
We are delighted to announce a new feature at TortsProf Blog: Guest Blogger Monday. A distinguished line-up of Torts professors will be visiting on Mondays and writing about their recent scholarship, teaching ideas, and other torts-related topics.
Our fall schedule includes Jonathan Cardi (Kentucky), Martha Chamallas (Ohio State), John Goldberg (Harvard), Keith Hylton (Boston), Tim Lytton (Albany), Jeffrey O'Connell (Virginia), Mike Rustad (Suffolk), Adam Scales (Washington & Lee), Tony Sebok (Cardozo), Jason Solomon (Georgia), Frank Vandall (Emory), and Ben Zipursky (Fordham). In addition, Ken Abraham (Virginia), Mike Green (Wake Forest), David Owen (South Carolina), and Jenny Wriggins (Maine) will guest in the spring.
We hope you enjoy this new feature.
--Sheila and Chris
Thursday, June 25, 2009
I assure you it's fabulous! Prawfsblawg has an open thread for hiring chairs. At least three schools--Notre Dame, St. John's, and Lewis & Clark--have stated in interest in hiring for Torts. The full list, including contact information, is here.
Tuesday, June 23, 2009
The Torts and Compensation Systems section of the American Association of Law Schools (AALS) is soliciting nominations for the William L. Prosser Award. The award "recognize[s] outstanding contributions of law teachers in scholarship, teaching and service in ... torts and compensation systems ...." The two most recent distinguished recipients are Robert Rabin and Dan Dobbs. Past recipients also include luminaries such as Leon Green, Wex Malone, and John Wade.
Any law professor is eligible to nominate another law professor for the award. Selection of the recipient will be made by members of the Executive Committee of the Torts and Compensation Systems Section, based on the recommendation of a special selection committee. The announcement of the award will be made at the annual AALS meeting in January, 2010.
Nominations, accompanied by a brief supporting statement, should be submitted to Prof. Michael L. Rustad, Secretary of the Executive Committee, either by regular mail or e-mail at email@example.com. Nominations must be received no later than 5 pm eastern time (U.S.) on July 1, 2009. E-mail submissions at firstname.lastname@example.org are preferred. If you prefer to mail the nominations, please send them to the address below:
Michael L. Rustad
Thomas F. Lambert Jr. Professor of Law &
Co-Director of the Intellectual Property Law Concentration
Suffolk University Law School
120 Tremont Street, Boston, Massachusetts 02108-4977
Sunday, June 7, 2009
Congratulations to Aaron Twerski (Brooklyn) for winning the Robert C. McKay Award. The award is given by the ABA's Torts and Insurance Practice Section to an academic for his or her "commitment to the advancement of justice, scholarship and the legal profession demonstrated by outstanding contributions to the fields of tort and insurance law." Professor Twerski's remarks upon receiving the award, generally critical of the state of legal scholarship for being overly theoretical and irrelevant, are here [PDF]. The remarks inspired this Prawfs post by Professor Michael O'Hear (Marquette).
Saturday, May 30, 2009
This has been a goal since Byron and I met for our teaching fellowship in August 2003 (over beers at the Draught Horse in north Philly). It's a well-deserved honor, and I congratulate the faculty and administration at Southwestern for their wisdom in bestowing it.