TortsProf Blog

Outside In: The Oral History of Guido Calabresi

Norman Silber has published Outside In:  The Oral History of Guido Calabresi with Oxford University Press.  The blurb provides:

Guido Calabresi is an extraordinary person. His family, of Jewish heritage, occupied a secure and centuries-old position near the top of Italian society-- until the rise of fascism. Guido's parents fled to America on the eve of the war in Europe, with their children, to avoid political and religious persecution. They arrived without money or social standing. Guido's talents and good fortune helped him to thrive at several elite American institutions and to become a leading legal scholar, teacher, law school dean, and judge. He would receive prizes and awards for his contributions; to legal theory, especially for opening up the area of 'law and economics'; for contributions to the modern transformation of American law schools, as the Dean of Yale Law School; and for advancing the development of law including through progressive decisions as a member of the United States Court of Appeals for the Second Circuit.

Outside In is a unique sort of account, written in Guido's remarkable voice based on recordings that which took place over a decade. The book is a unique amalgam of oral history and biography, with supplementary commentaries to explain, elaborate, validate, and interpret and situate the personal narrative within its larger historical context.

Updated:  The author was kind enough to provide a code for 30% off:  ALAUTHC4 

National Civil Justice Institute Announces Civil Justice Scholarship Award Winners

Torts profs are heavily represented.  From the letter by NCJI President, Christopher Nace:

The Officers and Trustees of the National Civil Justice Institute are proud to bestow the Institute’s 2023 Civil Justice Scholarship Award to Professor John C. P. Goldberg (Harvard Law School), Professor Benjamin Zipursky (Fordham Law School), and Professor Diego A. Zambrano (Stanford Law School).

It is our distinct privilege to honor Professor Goldberg and Professor Zipursky for their book, Recognizing Wrongs (Harvard University Press, 2020), in which they explain how their “civil recourse” concept makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. 

We are also privileged to honor Professor Zambrano for his article, Federal Expansion and the Decay of State Courts, 86 U. Chi. L. Rev. 2101 (2019), in which he explores how federal expansion may be contributing to the decay of state courts and has reinforced a plaintiff-defendant divergence between the two systems.

Finally, the Institute also recognizes with High Distinction Professor Jonathan Cardi (Wake Forest University School of Law), Professor Valerie Hans (Cornell Law School), and Professor Gregory Parks (Wake Forest University School of Law) for their article, Do Black Injuries Matter?: Implicit Bias and Jury Decision Making in Tort Cases, 93 So. Cal. L. Rev. 507 (2020). After conducting one of the first comprehensive experimental examinations of how race affects judgments on personal injuries, the authors found that the dollar awards for the injuries suffered by black plaintiffs in hypothetical cases were lower than awards for the same injuries experienced by white plaintiffs.

More details are at https://ncji.org/civil-justice-scholarship-award/.  Contact NCJI’s Executive Director, Mary Collishaw, at mary.collishaw@ncji.org or 202-944-2841 with any questions.

We are very proud to recognize this important legal scholarship, and the academics responsible.

AALS Torts Section: Call for Nominations to the Executive Board

Current Chair Tim Lytton posts:

If you would like to nominate yourself or another person as a candidate for a position on the Executive Board of the section, please send an email to current Chair Timothy Lytton at tlytton@gsu.edu by January 3, 2023. Elections for the new executive board will take place at the section business meeting immediately following the section session at the AALS on January 5.  I had a fantastic experience on the Executive Committee and recommend it highly.

Cyndi Nance to Receive Ruth Bader Ginsburg Lifetime Achievement Award

Cyndi Nance, Dean of the University of Arkansas School of Law, will receive the Ruth Bader Ginsburg Lifetime Achievement Award from the AALS Section on Women in Legal Education.  The ceremony is at the Annual Meeting on Friday, January 6 from noon until one.  More details here.  Dean Nance's specialty is labor and employment law, but she regularly teaches Torts, so we can claim her!

Stephen A. Smith (1958-2022)

I am sorry to learn of the passing of Stephen A. Smith.  Brian Leiter has the McGill memorial notice here.

Goldberg & Zipursky Are the 2023 Prosser Award Honorees

John Goldberg & Ben Zipursky have been named the 2023 Prosser Award honorees, the first time the Award has been presented to two people.  The Award recognizes their contributions to the field of tort law generally and emphasizes the strength of their 2020 book, Recognizing Wrongs.

From the Harvard Law School website about John Goldberg:

John Goldberg, an expert in tort law, tort theory, and political philosophy, joined the Law School faculty in 2008 and served as a Deputy Dean from 2017 to 2022. Previously he was a faculty member of Vanderbilt Law School, where he was Associate Dean for Research (2006-08). He is co-author of Recognizing Wrongs (Harvard University Press 2020), as well as a leading casebook — Tort Law: Responsibilities and Redress (5th ed. 2021) and The Oxford Introductions to U.S. Law: Torts (2010). He has also published dozens of articles and essays in scholarly journals. Goldberg has taught an array of first-year and upper-level courses, and has received multiple teaching prizes. An Associate Reporter for the American Law Institute’s Fourth Restatement of Property, Goldberg also serves as an advisor to the Third Restatement of Torts. In addition, he is a member of the editorial boards of the Journal of Tort Law and Legal Theory, and in 2009 was Chair of the Torts and Compensation Systems Section of the Association of American Law Schools. After receiving his J.D. in 1991 from New York University School of Law, Goldberg clerked for Judge Jack Weinstein of the Eastern District of New York and for Supreme Court Justice Byron White. He earned his B.A. with high honors from the College of Social Studies, Wesleyan University. He also holds an M. Phil. in Politics from Oxford University and an M.A. in Politics from Princeton University. Before joining the Vanderbilt faculty, he briefly practiced law in Boston.

From the Fordham University School of Law website about Ben Zipursky:

Benjamin C. Zipursky is Professor of Law and James H. Quinn ’49 Chair in Legal Ethics. A member of the Fordham Law School’s faculty since 1995, he has taught as a visitor at Columbia Law School, Harvard Law School, Vanderbilt Law School, and NYU (Philosophy).  In the late 1990s and early 2000s, Professor Zipursky, along with Professor John C.P. Goldberg (Harvard), pioneered Civil Recourse Theory in Tort Theory, and Goldberg and Zipursky are the most widely cited Torts professors in the United States.  Zipursky has published more than one hundred articles, essays, and book chapters in a variety of subjects, including Torts, Jurisprudence, Constitutional Law, Criminal Law, Legal Ethics, and Moral Philosophy. He has lectured extensively in the United States and abroad and is the co-author of a leading casebook, Tort Law: Responsibilities and Redress (5th ed. 2021) (with J. Goldberg, L. Kendrick and A. Sebok) and The Oxford Introductions to U.S. Law: Torts (2010) (with Goldberg), and co-editor of Research Handbook in Private Law Theory (2020) (with H. Dagan).  His most recent book, Recognizing Wrongs (2020) (with J. Goldberg) has been widely acclaimed, and has generated Law and Philosophy symposia on three continents.

Congratulations to John and Ben!

Torts Position at UIC

The University of Illinois-Chicago School of Law invites applications for several tenure-track candidates to begin teaching in the fall of 2023.  Our needs are varied but one of our primary areas of interest is Torts.  Other needs include Property, Legal Research and Writing, Criminal Law, Professional Responsibility, and Business Associations.

 

Candidates must have a Juris Doctor from an ABA-approved law school or its equivalent from a foreign country; a record of teaching excellence or demonstrated potential to become an excellent teacher and a record of high-quality scholarship or demonstrated potential to produce high-quality scholarship; and a demonstrated interested in serving the academy, the community, and legal profession at an urban, public as part of the university community. 

 

If you or anyone you know is interested in applying, please visit https://uic.csod.com/ux/ats/careersite/1/home/requisition/30?c=uic

Open Rank Faculty (Tenured/ Tenure- Track) UIC Law invites applications for 1) a tenured or tenure-track faculty and director of its Intellectual Property Center (more information about the IP ... uic.csod.com

 where you will find a link to the application process.  Applicants should submit a letter of intent, current curriculum vitae, and the name of three professional references no later than October 7, 2022.  

Texas Tech Seeks Professors, Torts Is a Priority

Texas Tech University School of Law anticipates filling two doctrinal faculty positions beginning with the 2023-24 academic year. These positions are open to candidates who would be on the tenure-track or who are tenured at another law school. We welcome applications from exceptional candidates in all subject matter areas, but our projected curricular needs—while varied—will likely include courses in areas such as Constitutional Law, Civil Rights, Torts, and Intellectual Property.

Applicants must possess a J.D. degree and have a commitment to or demonstrated record of scholarly distinction, exemplary teaching, and institutional or public service. Experience working with diverse student populations or first-generation law students is highly desirable.

Texas Tech University, located in Lubbock, Texas, is a state-supported National Research University with an enrollment that exceeds 40,000 students. In addition, Texas Tech University is a Hispanic-Serving Institution (HSI).  The law school has approximately 420 students and 38 full-time faculty members.  The law school is an integral part of the University and offers 10 dual-degree programs with other Texas Tech schools and colleges.  The Lubbock metropolitan area is home to over 300,000 people, enjoys affordable housing, abundant sunshine, friendly people, and offers easy access to other parts of the country.  For more information, visit our website at http://www.depts.ttu.edu/law/.

As an Equal Employment Opportunity/Affirmative Action employer, Texas Tech University is dedicated to the goal of building a culturally diverse faculty committed to teaching and working in a multicultural environment. We actively encourage applications from all those who can contribute through their research, teaching, and/or service, to the diversity and excellence of the academic community at Texas Tech University. The University welcomes applications from minoritized candidates, women, protected veterans, persons with disabilities, and dual-career couples.

To view the full descriptions for the two positions and information on how to apply, see https://www.depts.ttu.edu/law/Texas-Tech-School-of-Law-Faculty-Openings.pdf.

AALS Torts Section: Call for Newsletter Submissions and Prosser Award Nominations

1. Torts and Compensation Systems Section Newsletter

As most of you know, our section publishes a newsletter each year 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 in this year's newsletter, please forward relevant citations and other information to weeksleo@uga.edu<mailto:weeksleo@uga.edu>. The deadline for inclusion in this year's newsletter is Friday, September 16, 2022.

2. 2023 William L. Prosser Award

This is the first call for nominations for the 2023 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 Martha Chamallas, Jack Weinstein, Anita Bernstein, Ken Simons, Marshall Shapo, Steve Sugarman, 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 Diego in January 2023.

Nominations must be accompanied by a brief supporting statement and should be submitted no later than Friday, September 16, 2022. Please email submissions to Thomas Kadri, tek@uga.edu<mailto:tek@uga.edu>.

Engstrom and Smith Designated Reporter's Chairs by ALI

The ALI has designated Nora Freeman Engstrom, Reporter for the Restatement (Third) of Torts:  Concluding Provisions, as the R. Ammi Cutter Reporter's Chair.  Reporter's Chairs are awarded at the ALI to Reporters of proven effectiveness and are a mark of outstanding service.  Engstrom shares the reporting duties on Concluding Provisions with Mike Green, who received the Cutter Chair for his work on prior part of the Restatement.

Additionally, the ALI designated Henry Smith the A. James Casner Reporter's Chair.  Smith is the Reporter for the Restatement (Fourth) of Property.  There is a tort tie here, as the property torts were included in the Restatement (Fourth) of Property.  John Goldberg acts as an Associate Reporter with a focus on tort law.

The announcement is here.  

Klein Named Interim Chancellor of IU Indianapolis

Andy Klein, torts prof and former dean at IU Indianapolis, has been named interim chancellor of the University.  The announcement, via Tim Zinnecker at Faculty Lounge, is here.

Potential Torts Position at Memphis

From Faculty Lounge:

The University of Memphis Cecil C. Humphreys School of Law invites applications for several tenure-track faculty appointments this year.  While we have a broad range of needs and invite applications from all fields, the Law School has a particular need in Torts and is also particularly interested in hearing from candidates with expertise and interest in Health Law, Race and the Law, Professional Responsibility, and Family Law.  We seek applicants who can demonstrate a potential for excellence in teaching, scholarship, as well as a commitment to service.  We are especially interested in candidates who will enhance the diversity of our faculty and are ready for the future of legal education.

Memphis School of Law is housed in a stately, late 19th century building, a converted federal courthouse in the heart of downtown Memphis on the bluffs overlooking the Mississippi River. Memphis Law has an active and diverse student body, colleagues committed to excellence in both scholarship and teaching, and a community that has the offerings of a major city, such as museums, restaurants, and professional sports, but the feel of a tight-knit community – not to mention affordable cost of living. Please submit applications via https://workforum.memphis.edu/postings/29805. The screening of applications will begin on January 20 and will continue until positions are filled. Applicants may also contact Daniel Kiel, Chair of the Faculty Recruitment Committee, at dkiel@memphis.edu for additional information.  The University of Memphis is an EEO/AA employer. 

Steve Sugarman, RIP

Berkeley Law has announced today the sad news that Steve Sugarman has passed.  The announcement is here.

McBride on Weir in the Cambridge Law Journal

Nicholas McBride has posted to SSRN Between Chaos and Cosmos:  Tony Weir in the Cambridge Law Journal.  The abstract provides:

This article was written for a special issue of the Cambridge Law Journal to celebrate its centenary. The article surveys Tony Weir's case notes and book reviews for the Cambridge Law Journal between 1963 and 2002 in order to illuminate Tony's unique genius as a legal academic and thinker.

Abrams Receives 2021 Blackboard Catalyst Award for Teaching and Learning

University of Louisville TortsProf Jamie Abrams's work (along with that of Valerie Harris and Marija Sasek) designing a medical malpractice expert witness deposition simulation for law and dental students has resulted in the 2021 Blackboard Catalyst Award for Teaching and Learning.  Abrams based the simulation on the principles in her West Academic book, Tort Law Simulations:  Bridge to Practice.  UL News has the story.

Martha Chamallas is the 2022 William Prosser Award Honoree

I am delighted to announce that the 2022 Prosser Award honoree is Martha Chamallas.  Professor Chamallas, the Robert J. Lynn Chair in Law at The Ohio State University, assumed emeritus status this year; she was honored with the 2021 Distinguished University Professor Award.  One of her Prosser Award nominators stated that she has been "a major influence in encouraging a greater consideration of the ways in which tort law impacts minorities and women."  From her Ohio State biography:

Professor Martha Chamallas is a leading scholar in a number of fields, including torts, employment discrimination law, and legal issues affecting women. She is the author of two books and more than 40 articles and essays in law journals such as the Michigan Law Review, the University of Pennsylvania Law Review, the University of Chicago Law Review, UCLA Law Review and the Southern California Law Review. She is a member of the American Law Institute, Torts Consultative Group and has participated on Gender and Race Bias Task Forces for the states of Iowa and Pennsylvania.

Following graduation from law school, Professor Chamallas clerked for the Honorable Charles Clark of the U.S. Court of Appeals for the Fifth Circuit and served as an attorney for the U.S. Department of Labor, Office of the Solicitor, Civil Rights Division.

Prior to joining the Moritz College of Law in 2002, Professor Chamallas served on the faculties of the University of Pittsburgh School of Law, the Louisiana State University Law Center, and the University of Iowa College of Law. She has held visiting positions at Harvard Law School, the Washington University School of Law, Richmond School of Law, the University of Ghent, and Suffolk University School of Law. She also served as the chair of the Women’s Studies Program at the University of Iowa.

At the Moritz College of Law, she teaches Torts, Employment Discrimination, and Gender and the Law. Professor Chamallas was the recipient of the Distinguished Lecturer Award in 2006 and the University Distinguished Scholar Award in 2013.

Hofstra Seeks Torts Professor

The Maurice A. Deane School of Law at Hofstra University seeks to fill one or more tenure-track positions.  We will consider all subject areas but primarily seek candidates with research and teaching interests in Torts, Property, and other first year courses such as Contracts, Criminal Law, and Civil Procedure. The Law School is particularly interested in faculty members who also have research and teaching interests in Environmental Law, Bankruptcy and/or Commercial Law. All candidates must have a strong commitment to serious scholarship. We are particularly interested in candidates who will enhance the diversity of our faculty.

As a leading national and regional educational institution, Hofstra Law is a distinguished center of legal scholarship in the service of justice and is committed to serving its local communities (which include Americans from a wide range of ethnic backgrounds and range from extraordinary affluence to entrenched suburban poverty), participating in the national scholarly dialogue, and educating attorneys for the local bar as well as the broader national  community. Hofstra Law recently completed a successful multiyear capital campaign and the University has recently opened new schools of medicine, public health and engineering. 

Candidates should send a cover letter and resume, including a description of areas of interest, and copies of representative works to Professor Linda Galler, Chair of the Faculty Appointments Committee, LawSchoolFacultyJobs@hofstra.edu.

Hofstra University is an equal opportunity employer, committed to fostering diversity in its faculty, administrative staff and student body, and encourages applications from the entire spectrum of a diverse community.

Judge Calabresi Lauded as He Teaches His Final Torts Class

Judge Guido Calabresi, who was instrumental in creating the law and economics movement in tort scholarship, has taught his final Torts class at Yale.  Calabresi continued teaching Torts even after moving to the bench; he taught Torts for six decades.  More than 160 of his former students came to celebrate him on his final day.  Yale has the story.  Thanks to former TortsProf blogger Sheila Scheuerman for the tip.

Chamallas Named Distinguished University Professor at Ohio State

Martha Chamallas has been named one of two 2021 Distinguished University Professors, the highest faculty award at The Ohio State University.  Congratulations to Martha on this well-deserved honor!  The OSU announcement is here.

Goldberg on Gardner on Personal Life and Private Law

John Goldberg has posted to SSRN Taking Responsibility Personally:  On John Gardner's From Personal Life to Private Law.  He presented at the AALS Torts panel in January and the piece is forthcoming in the Journal of Tort Law.  The abstract provides:

This essay, written for a panel honoring the late John Gardner, explores a tension in his book’s highly engaging and illuminating account of the relationship between “personal life” and “private law.” For the most part, the book sets out to explain how private law’s doctrines help us to act as we ought to act by reproducing, with greater specificity, the rules and norms of morality. At crucial moments, however, it suggests that private law serves its function by departing dramatically from morality. In particular, it argues that private law’s conferral of broad discretion on victims of legal wrongs to decide whether and how to pursue claims against wrongdoers has no moral counterpart. I suggest, to the contrary, that personal life does contain analogues to private law’s powers and liabilities. I further maintain that Gardner’s reluctance to recognize them reflects a problematic understanding of interpersonal responsibility as monadic answerability to reason rather than dyadic answerability to another.