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Curriculum Vitae of BENJAMIN C. ZIPURSKY James H. Quinn '49

Jun 22, 2016 ... Honors in Philosophy, Mathematics, Linguistics. Books. RECOGNIZING WRONGS (Harvard University Press, forthcoming 2017) (with J. Goldberg). TORT LAW: RESPONSIBILITIES & REDRESS (Aspen 2016) (4th ed.) (with J. Goldberg & A. Sebok). TORT LAW: RESPONSIBILITIES & REDRESS (Aspen ...


Torts as Public Wrongs

Feb 15, 2011 ... responsibilities and redress without sacrificing their commitment to reform and social and political justice. John C.P. Goldberg & Benjamin C. Zipursky, Accidents of the Great Society, 64 MD. L. REv. 364,. 407-08 (2005) (arguing for their theory of civil recourse). But see John C.P. Goldberg, Tort Law for.


ANTHONY JAMES SEBOK Benjamin N. Cardozo School of Law 55

TORT LAW: RESPONSIBILITIES AND REDRESS, FOURTH EDITION. (with John C.P. Goldberg & Benjamin Zipursky) (Wolters. Kluwer, 2016). COMPARATIVE TORT LAW: GLOBAL PERSPECTIVES (edited with. Mauro Bussani) (Edward Elgar Publishing, 2015). “Actual Causation in the Second and Third Restatements: Or, ...


responsibility and redress: theorising gender justice in the context of

Thematic: Responsibility and Redress. 785 employment” test has been applied much more restrictively' than when addressing intentional torts in other contexts. 33 For orthodox tort lawyers this reflects the usual 'bread and butter function' of vicarious liability – of making commercial employers only pay for the negligence of ...


Holmes and Hart on Legal Duties

SEEING TORT LAW FROM THE INTERNAL. POINT OF VIEW: HOLMES AND HART ON. LEGAL DUTIES. John C.P. Goldberg* & Benjamin C. Zipursky** ... mainstream American tort scholarship is “Holmesian” in embracing duty skepticism .... the Right to a Law for the Redress of Wrongs, 115 Yale L.J. 524, 531-59 (2005).


The Constitutional Status of Tort Law: Due Process and the Right to

Dec 19, 2005 ... (2005). Arguably, the. Supreme Court has engaged in tort reform of its own. See JOHN C.P. GOLDBERG ET AL.,. TORT LAW: RESPONSIBILITIES AND REDRESS 959-1038 (2004) (collecting recent decisions). 4. Such measures include setting caps on contingent fees; tightening statutes of limitations or.



Sep 10, 2007 ... the rights of others). JOHN C. P. GOLDBERG, ANTHONY J. SEBOK & BENJAMIN C. ZIPURSKY,. TORT LAW: RESPONSIBILITIES AND REDRESS 3 (2004). 2. See John C.P. Goldberg, The Constitutional Status of Tort Law: Due Process and the Right to a Law for the Redress of Wrongs, 115 YALE L.J. 524, ...


Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad

duty of repair. It is about the victim's right to redress. To be sure, in modern practice, tort damages are often described as geared to the task of making the plaintiff whole, a fact that has misled scholars of various stripes to suppose that tort law is all about making whole or restoring the status quo ante. We argue instead that ...


Tort Law and Moral Luck

SEBOK & BENJAMIN C. ZIPUiRSKY,. TORT LAw: RESPONSIBILITIES AND REDRESS 3 (2004). 2 SeeJohn C.P. Goldberg, The Constitutional Status of Tort Law: Due Process and the Right to a Law for the Redress of Wrongs, 115 YALE L.J. 524, 541-51 (2005). Medieval English law referred to torts as "trespasses," using ...


Corrective Justice for Civil Recourse Theorists

Part of the Legal Remedies Commons, Public Law and Legal Theory Commons, and the Torts · Commons. This Article is brought to you ... against the state, which must provide a civil avenue of redress for legal wrongs. Tort law is ... ing to corrective justice theorists, tort law enforces duties of repair that arise in response to ...


Two Conceptions of Tort Damages: Fair v. Full Compensation

C. P. GOLDBERG ET AL., TORT LAW: RESPONSIBILITIES AND REDRESS 48- 49 (2004). 17. Black's Law Dictionary defines damnum absque injuria as "[l]oss, hurt, or harm without injury in the legal sense, that is, without such breach of duty as is redressible by an action." BLACK'S LAW DICTIONARY 470 (4th ed. 1968).


The Inauthentic Claim

Jan 24, 2011 ... Program on Law and Capital Markets, and the NYC Torts Discussion Group. My research assistants Tiffany ... on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the ...... C. ZIPURSKY, TORT LAW: RESPONSIBILITIES AND REDRESS 354 (2d ed. 2008).


Rights, Social Justice and Responsibility in the Law of Tort

II TORT LAW, RIGHTS AND DISTRIBUTIONS It is a widely held view that the aim of tort law, or the normative standard to which tort law should be held, is to provide redress against infringements of rights and the correlative duties that agents have towards one another and not * Lecturer, Department of Law, London ...


Instrumental and Noninstrumental Theories of Tort Law

sum of accident and accident-avoidance costs (but also deterring intentional and reckless loss-inflicting acts), and modem corrective justice analysts argue that it is about implementing a moral duty to redress an imbalance created by an injury, civil recourse theorists argue that tort law is about implementing a more complex  ...


Governmental Responsibility in Tort, IV

GOVERNMENTAL RESPONSIBILITY IN TORT, VI. EDWIN Al. BORCHARD. HISTORY AND THEORY. In the earlier articles of this series, an attempt was made to present a general view of the Anglo-American law in so far as it involves the right of the individual to obtain redress from the group-nation or state, county or city or ...


University Of Iowa College Of Law - Book List Fall 2017

Aug 10, 2017 ... Hornbook of the Law of Property: An Introduction Survey Hovenkamp, Kurtz, Gallanis West Academic. 9780314285492. 6th. 108.00. $. Copy Center: No copy center materials required. LAW:8046: 1,2. Torts. Tilley. Required. Tort Law: Responsibilities and Redress. Goldberg, Sebok, Zipursky. Wolters Kluwer.


109 french medical malpractice law and policy through american

See, e.g., JOHN C. P. GOLDBERG ET AL., TORT LAW: RESPONSIBILITIES AND REDRESS 3. (2004); John C. P. Goldberg, Tort Law for Federalists (and the Rest of Us): Private Law in Disguise,. 28 HARV. J.L. & PUB. POL'Y 3, 6 (2004); John C. P. Goldberg, Unloved: Tort in the Modern Legal. Academy, 55 VAND. L. REV.


A powerful Retort: Foreign direct liability as an essential mechanism

Mar 1, 2016 ... redress, for instance compensation or a clean-up operation. It will demonstrate that because of the flexibility of tort law and the publicity that foreign direct liability cases draw, corporations can be held suitably accountable for their human rights violations. This is not to say that the soft-law responsibilities are ...


Tort Claims Against State Governments

different degrees of responsibility in these two classes of claims, and provide different means of .... 282 U. S. 656 (i931). 8 ANmERsoN, op. cit. supra note x, at 349-350; see Holtzoff, The Handling of Tort Claims against the ..... The obligation of a state to give redress for wrongs inflicted upon its people may be said to be ...


Representing the Race: Standing To Sue in Reparations Lawsuits

rations litigation, is the question of how to apportion responsibility for historical wrongs. The most controversial harm ... the link between that wrong or benefit and the responsibility for redress- ing it. Not every injury obliges the .... rights or torts law to establish the injury necessary for standing. First, non-traditional reparations ...