Executive Associate Dean for Academic Affairs
Professor of Law
- The Law of Torts (with George Christie, Joe Sanders & Ellen Pryor) (5th ed. Thompson-West forthcoming 2011).
- Modern Remedies: Cases, Practical Problems and Exercises (with Russell L. Weaver, David E. Partlett & Michael B. Kelly) (2d ed. Thompson-West 2010).
- Critical Race Realism: Intersections of Psychology, Race, and Law (co-edited with Drs. Gregory Parks & Shayne Jones) (The New Press 2008).
- Gilbert Law Summaries, Torts (with Marc Franklin & Mike Green) (24th ed. 2008).
Articles and Book Chapters
- "Does Tort Law Deter Individuals' Risky Conduct?," (with Albert Yoon & Randy Penfield, submitted February, 2011). This is a survey-based empirical study of whether the background threat of tort liability deters risky behavior in individuals.
- "The Hidden Legacy of Palsgraf: Modern Duty Law in Microcosm," B. U. L. Rev., (forthcoming 2011).
- "The Taxpayer's Burden from Product-Related Harm," Kan. J. L. & Pub. Pol'y (with Ruth Ruttenberg and Estye Fenton, forthcoming 2011).
- "A Pluralistic Analysis of the Therapist/Physician Duty to Warn Third Parties," 44 Wake Forest L. Rev. 877 (2009) (part of symposium on the Restatement (Third) of Torts).
- "Duty Wars," (with Mike Green), 81 U.S.C. L. Rev. 671 (2008).
- "Tort Damages as Reconciliation," 42 Loy. L.A. L. Rev. 5 (2008) (part of Emory Remedies Roundtable).
- "The Search for Racial Justice in Tort Law," in Critical Race Realism (The New Press 2008).
- "Über-Middleman Reshaping the Broken Landscape of Music Copyright," 92 Iowa L. Rev. 835-90 (2007)--republished in the Entertainment, Publishing and the Arts Handbook (2008) as "one of the best law review articles published within the last year in the fields of entertainment, publishing and the arts."
- "Reconstructing Foreseeability," 46 B.C. L. Rev. 921-88 (2005).
- "Purging Foreseeability," 58 Vand. L. Rev. 739-809 (2005)--cited in Rest. (Third) of Torts and relied upon by Gipson v. Kasey, 150 P.3d 228 (Ariz. 2007).
- "Note, Apportioning Responsibility to Immune Nonparties: An Argument Based on Comparative Responsibility and the Proposed Restatement (Third) of Torts," 82 Iowa L. Rev. 1293-336 (1998)--relied upon by Estate of Hunter v. General Motors Corp., 729 So. 2d 1264 (Miss. 1999).
- Predicting Racial Bias in Tort Jury Decisionmaking, (with Valerie Hans & Gregory Parks). This is a survey-based empirical study in which we will correlate IAT results with subjects' responses to race-related tort vignettes.
- Emotional Distress Claims in the Internet Context. This article examines the contours of negligent infliction of emotional distress claims made in the Internet Context.
- Duty and Immunity in the Modern State. The doctrine surrounding state and local government liability is a morass. This project seeks to provide an accurate description of current law and to offer a normative structure to better guide courts' decisionmaking.
- International & Comparative Tort Law (book project with David Partlett, Jane Stapleton & Ken Oliphant).