Now showing items 1-17 of 17

    • Accidents of the Great Society 

      Goldberg, John C.P.; Zipursky, Benjamin C. (University of Maryland, 2005)
      Although published in 1970, The Costs of Accidents was written in the 1960s. In its boldness, its brilliance, and its progressive aspirations, the book is emblematic of the great society movement out of which it developed. ...
    • Civil Recourse Revisited 

      Goldberg, John C.P.; Zipursky, Benjamin C. (Florida State University, College of Law, 2011)
      This essay responds to the extensive and thoughtful commentary on civil recourse theory provided by Curtis Bridgeman, Julian and Stephen Darwall, John Gardner, Andrew Gold, Scott Hershovitz, Gabe Mendlow, Nathan Oman, ...
    • Do Promises Distinguish Contract from Tort? 

      Bridgeman, C.; Goldberg, John C.P. (Suffolk University Law School, 2012)
      Contract as Promise, Charles Fried’s modern classic, famously argued that contract law stands apart from tort law because it is grounded on the moral principle that promises must be kept. In this contribution to a symposium ...
    • Inexcusable Wrongs 

      Goldberg, John C. P. (California Law Review Inc., 2015)
      Tort law has little patience for excuses. Criminal law is more forgiving—it recognizes nominate excuses such as duress and provocation, as well as innominate excuses that temper punishment. Excuses are also commonplace in ...
    • Introduction: Pragmatism and Private Law 

      Goldberg, John C.P. (Harvard University, Harvard Law School, 2012)
      It is not difficult to come up with a rough definition of private law. Private law defines the rights and duties of individuals and private entities as they relate to one another. Yet, whereas scholars in commonwealth ...
    • Judging Responsibility, Responsible Judging 

      Goldberg, John C. P. (2015)
      I am honored to have this opportunity to pay public tribute to Judge Weinstein. The most important things to say about him are the most obvious. He is superhuman—learned and wise beyond measure, eternally curious, impossibly ...
    • The Place of Reliance in Fraud 

      Goldberg, John C.P.; Sebok, Anthony; Zipursky, Benjamin (The University of Arizona, 2006)
      To prevail on a claim of common law fraud, the plaintiff must prove reliance on the defendant's misrepresentation. This requirement is puzzling, given that, under many modern formulations of the tort, the plaintiff must ...
    • Seeing Tort Law From the Internal Point of View: Holmes and Hart on Legal Duties 

      Goldberg, John C. P.; Zipursky, Benjamin (Fordham Law Review, 2006)
    • Ten Half-Truths About Tort Law 

      Goldberg, John C.P. (Valparaiso University School of Law, 2008)
      John Kenneth Galbraith coined the phrase "the conventional wisdom" to refer to a collection of ideas that members of a group find acceptable. Acceptability, he observed, rests on a variety of considerations other than ...
    • Tort in Three Dimensions 

      Goldberg, John C. P. (2011)
      Should our tort law serve as a model for other nations? The answer depends in part on what one understands it to be. Since the mid-Twentieth Century, progressives have favored 'thin' accounts that treat tort law as having ...
    • Tort Law and Moral Luck 

      Goldberg, John C.P.; Zipursky, Benjamin C. Zipursky (Cornell Law Review, 2007)
      Tort liability often turns to a substantial degree on an actor's good or bad luck. For example, a driver may be lucky to be more skilled than average, or unlucky to be less. Alternatively, she may be lucky to avoid hitting ...
    • Tort Law at the Founding 

      Goldberg, John C.P. (Florida State University, College of Law, 2011)
      In his influential History of American Law, Lawrence Friedman suggests that tort law was “totally insignificant” prior to the late Nineteenth Century. Implicit in this assessment is a judgment that a body of law is significant ...
    • Torts and Estates: Remedying Wrongful Interference with Inheritance 

      Goldberg, John C. P.; Sitkoff, Robert H (Stanford Law School, 2013)
      This Article examines the nature, origin, and policy soundness of the tort of interference with inheritance. We argue that the tort should be repudiated because it is conceptually and practically unsound. Endorsed by the ...
    • Torts as Wrongs 

      Goldberg, John C.P.; Zipursky, Benjamin (The University of Texas, 2010)
      Torts scholars hold different views on why tort law shifts costs from plaintiffs to defendants. Some invoke notions of justice, some efficiency, and some compensation. Nearly all seem to agree, however, that tort law is ...
    • War for the Wrong Reasons: Lessons from Law 

      Blum, Gabriella; Goldberg, John C. P. (2014)
      In Ethics for Enemies, Frances Kamm argues that, under certain conditions, it is mor-ally permissible for a state to launch a war for opportunistic reasons. We consider how law might shed light on Kamm’s argument. Part I ...
    • What Nobody Knows 

      Goldberg, John C.P. (Michigan Law Review, 2006)
      This is a review of "Cunning," by Don Herzog. "Cunning" criticizes as unilluminating a set of dichotomies that are routinely invoked by modern academics to explain human behavior and to describe practical reason, including ...