This paper reviews the development of tort law during the 20th century with particular
attention to the broad expansion of liability since the 1970s. It attempts to explain the origins …

In this book, one of our country's most distinguished scholar-judges shares with us his vision
of the law. For the past two thousand years, the philosophy of law has been dominated by …

This essay elucidates and defends legal formalism. In current academic discussion, the
avowed formalist is the missing interlocutor. Formalism is like a heresy driven underground …

normative approach to social decisionmaking. As we explain, however, none of these factors
warrants treating notions of fairness as independent evaluative principles. We develop our …

The core of this book is a novel theory of distributive justice premised on the fundamental
moral equality of persons. In the light of this theory, Rakowski considers three types of …

Currently there are two major camps of tort scholars. One understands tort liability as an
instrument aimed largely at the goal of deterrence, commonly explained within the …

Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a
concise and accessible history of the way legal scholars and judges have conceptualized …

The appearance of the privilege against self-incrimination-the guaranty that no person" shall
be compelled in any criminal case to be a witness against himself"'-was a landmark event in …

1. The results of this debate are reflected in actual and proposed legislative interventions
that overturn various products liability rules. For example, bills have been introduced in past …

What is the nature of judicial obligation? This has become perhaps the most prominent
question of legal theory over the past 20 years, and most recent attempts to answer it can be …