20Dec

The Restatement (Third) of Torts and Traditional Strict Liability: Robust Rationales, Slender Doctrines

Categories: Law Review

By: Kenneth W. Simmons* Simmons_LawReview_December2009 * The Honorable Frank R. Kenison Distinguished Scholar in Law and Professor of Law, Boston University School of Law. I thank Greg Keating and Jane Stapleton for their valuable advice, and Ariel Greenstein and Andrew Keutmann for their helpful research assistance.

Tags: Restatement (Third) of Torts Strict-liability

20Dec

Negligent Infliction of Emotional Distress: A View of the Proposed Restatement (Third) Provisions from England

Categories: Law Review

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By: M.H. Matthews* Matthews_LawReview_December2009 * Fellow in Law, University College, Oxford; CUF Lecturer in Law, Oxford University. In writing this Article I have, with the kind permission of the Oxford University Press, drawn on the material that appears in chapter 3 of MARTIN MATTHEWS, JONATHAN MORGAN & COLM O’CINNEIDE, HEPPLE & MATTHEWS’ TORT: CASES AND MATERIALS […]

Tags: Liability Negligence Negligent Infliction of Emotional Distress Restatement (Third) of Torts Tort

20Dec

Is Negligent Infliction of Emotional Distress a Freestanding Tort?

Categories: Law Review

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By: Gregory C. Keating* Keating_LawReview_December2009 * William T. Dalessi Professor of Law and Philosophy at the Gould School of Law at the University of Southern California. I am grateful to Nataline Viray-Fung for valuable research assistance, to the participants in this Symposium, to the attendees at a faculty workshop at Bar Ilan University in Israel, and […]

Tags: Emotional Distress Negligence Proximate-cause

20Dec

The Risk Architecture of the Restatement (Third) of Torts

Categories: Law Review

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By: Jane Stapleton* Stapleton_LawReview_December2009 * Research Professor, The Australian National University College of Law; Ernest E. Smith Professor of Law, University of Texas School of Law. I thank Professor Ken Simons for helpful comments.

Tags: Duty Restatement (Third) of Torts Scope of Liability Tort

20Dec

A Restatement (Third) of Torts: Liability for Intentional Harm to Persons—Thoughts

Categories: Law Review

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By: Ellen M. Bublick* Bublick_LawReview_December2009 * Dan B. Dobbs Professor of Law, University of Arizona James E. Rogers College of Law. For helpful suggestions and feedback, many thanks to participants in the Symposium on the Third Restatement of Torts, particularly Dan Dobbs, Mike Green, Bill Powers, Ellen Pryor, Ken Simons, Aaron Twerski, and the editors […]

Tags: Intentional Torts Restatement (Third) of Torts Tort

20Dec

Emotional Distress in Tort Law: Themes of Constraint

Categories: Law Review

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By: Robert L. Rabin* Rabin_LawReview_December2009 * A. Calder Mackay Professor of Law, Stanford Law School. My thanks to Sai Jahann for research assistance and to Steve Sugarman for helpful comments.

Tags: Negligence Negligent Infliction of Emotional Distress Restatement (Third) of Torts Tort

20Dec

Intervening Wrongdoing in Tort: The Restatement (Third)’s Unfortunate Embrace of Negligent Enabling

Categories: Law Review

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By: John C.P. Goldberg* Benjamin C. Zipursky** GoldbergZipursky_LawReview_December2009 * Professor, Harvard Law School. ** Visiting Professor, Harvard Law School (Spring 2009); Professor & James H. Quinn Chair in Legal Ethics, Fordham University School of Law. Thanks to Mark Geistfeld, Stephen Perry, Tony Sebok, Robert Stevens, Ernest Weinrib, and members of the New York City Torts […]

Tags: Negligence Negligent Infliction of Emotional Distress Restatement (Third) of Torts Tort

20Dec

Figuring Foreseeability

Categories: Law Review

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By: David G. Owen* Owen_LawReview_December2009 * Carolina Distinguished Professor of Law, University of South Carolina. Thanks to Matthew Anderson, William Mills, Karen Miller, and Douglas Rushton for research and editorial assistance.

Tags: Foreseeability Negligence Restatement (Third) of Torts Tort

20Dec

Restatement (Third) of Torts: Coordination and Continuation

Categories: Law Review

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By: Ellen Pryor* Pryor_LawReview_December2009 * Homer R. Mitchell Endowed Professor of Law, SMU Dedman School of Law; Associate Provost, SMU. I thank Elena Cappella and Michael Green for their input.

Tags: Restatement (Third) of Torts Tort

20Dec

Commentary

Categories: Law Review

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By: Oscar S. Gray* Gray_LawReview_December2009 * Oscar S. Gray, Jacob A. France Professor Emeritus of Torts, University of Maryland School of Law.

Tags: Commentary Restatement (Third) of Torts

20Sep

Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins

Categories: Law Review

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By: Aaron D. Twerski* Twerski_LawReview_September2009 * Irwin and Jill Cohen Professor of Law, Brooklyn Law School. B.S., University of Wisconsin-Milwaukee, 1970; J.D., Marquette University, 1965; A.B., Beth Medrash Elyon Research Institute, 1962.

Tags: Negligence Per Se Res Ipsa Loquitor Restatement (Third) of Torts Tort

20Sep

Stable Divisions of Authority

Categories: Law Review

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By: Kenneth S. Abraham* Abraham_LawReview_September2009 * David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law.

Tags: Liability Restatement (Third) of Torts Tort

The Restatement (Third) of Torts and Traditional Strict Liability: Robust Rationales, Slender Doctrines

Negligent Infliction of Emotional Distress: A View of the Proposed Restatement (Third) Provisions from England

Is Negligent Infliction of Emotional Distress a Freestanding Tort?

The Risk Architecture of the Restatement (Third) of Torts

A Restatement (Third) of Torts: Liability for Intentional Harm to Persons—Thoughts

Emotional Distress in Tort Law: Themes of Constraint

Intervening Wrongdoing in Tort: The Restatement (Third)’s Unfortunate Embrace of Negligent Enabling

Figuring Foreseeability

Restatement (Third) of Torts: Coordination and Continuation

Commentary

Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins

Stable Divisions of Authority

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