A Model Bill Allowing Choice Between Auto Insurance Payable with and without Regard to Fault (with Commentary Coauthored by Robert Joost)

Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...

This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...

Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement accounts...

Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...

Over the last thirty years, almost every time I stepped out of my narrow academic path to do something that, I hoped, was for the greater public good...

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...

This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...

Vanessa Bryant’s recent verdict against the Los Angeles County Sheriff’s and Fire Departments represents a federal jury’s response to immoral and...

Commentators have made much sport, here and elsewhere, of evaluating recent proposed antitrust reforms for their likely economic effects. As...

The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that they...

This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that...

In the wake of the recent tragic shootings at the University of Virginia, Club Q in Colorado Springs, and a Virginia Walmart, the same questions have...

Last month, the U.S. Supreme Court heard oral arguments in a case that could prove pivotal to the future of regulation and interstate commerce in the...

Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and...

In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California...