TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, October 2, 2015

AALS Torts Panel: "MacPherson at 100: Perspectives on its Influence and Meaning"

2016 AALS Annual Meeting, Torts & Compensation Systems Section panel; New York City; Friday, January 8, 2016 from 1:30-3:15 (room to be announced)

On March 14, 1916, New York’s high court issued its decision in MacPherson v. Buick Motor Co.  Writing for the court, Judge (later Justice) Benjamin Cardozo held that product manufacturers must take care to manufacture products that do not injure consumers.  A century later, MacPherson is considered a landmark of tort law, as well as an exemplar of common law reasoning.  It is credited with, among other things, contributing to the demise of laissez-faire thinking in American law and laying the groundwork for the modern doctrine of strict products liability.  Yet what the decision accomplished, both as a matter of tort doctrine and jurisprudence, also remains controversial.  On the occasion of MacPherson’s centenary, a panel of renowned scholars will examine the significance and influence of the case from multiple perspectives, including its influence of the evolution of the “risk society”, its reception and influence in the United Kingdom and Europe, and its place in tort theory and private law in general.

Papers will be presented by:

Anita Bernstein, Brooklyn Law School

John C. Goldberg, Harvard Law School & Benjamin C. Zipursky, Fordham University School of Law

Franz Werro, Georgetown University Law Center

John F. Witt, Yale Law School

Moderator: Anthony J. Sebok, Benjamin N. Cardozo School of Law

Papers will be published in a forthcoming issue of the Journal of Tort Law

https://lawprofessors.typepad.com/tortsprof/2015/10/aals-torts-panel-macpherson-at-100-perspectives-on-its-influence-and-meaning.html

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