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Thursday, September 14, 2006

Research Canons: Torts

Our next subject matter for the research canons project is Torts.  (See here for a discussion of the research canons project, including categories, dates, and links to prior installments.)  Please comment on the books and articles that are essential to a new academic in the field.  In addition to listing your suggestions, you want to say a little about why the book or article is so important for new scholars.

Update: Patrick O'Donnell has shared his introductory bibliography. You can download the bibliography here.

Posted by Matt Bodie on September 14, 2006 at 12:11 AM in Research Canons | Permalink


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The Costs of Accidents (1970)

Calabresi and Hirschoff, 'Toward a Test for Strict Liability in Torts,' 81 Yale Law Journal 1055 (1972): 1060-64

Calabresi and Melamad, 'Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,' 85 Harvard Law Review 1089 (1972)

Calabresi, 'Concerning Cause and the Law of Torts,' University of Chicago Law Review 43 (1975): 69-108

Calabresi, 'Torts--the law of the mixed society,' 56 Texas Law Review 519 (1978)

Posted by: Patrick S. O'Donnell | Sep 14, 2006 8:07:23 PM

I don't do torts, but didn't Calabresi write something important?

Posted by: Jeff Lipshaw | Sep 14, 2006 2:01:08 PM

I don't do torts, but didn't Calabresi write something important?

Posted by: Jeff Lipshaw | Sep 14, 2006 2:00:59 PM

Jules Coleman, Risks and Wrongs (Oxford, 1992) and Arthur Ripstein, Equality, Responsibility, and the Law (Cambridge, 1999). I also agree with Dan, John Goldberg's Geo. article is a helpful primer on tort theory.

Posted by: Eric Mitnick | Sep 14, 2006 12:54:08 PM

I teach a seminar on punitive damages and tort theory, so here are some of the contemporary authors I like to use.
John Goldberg has a great Geo.LJ article entitled Twentieth Century Tort Theory, which provides a very useful overview with good citations.
Weinrib, The Idea of Private Law (HUP 1995)
Polinsky and Shavell, Punitive Damages from HLR 1998
Luban and Galanter's Poetic Justice article on Punis from 1994 in American U. LR
Tony Honore's chapter from the David Owen 1995 OUP book on the philosophical foundations of tort law
Richard Posner's piece from that same book on wealth maximization and tort law

Posted by: Dan Markel | Sep 14, 2006 9:00:28 AM

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