According to the National Academy of Sciences' Institute of Medicine (IOM), preventable medial errors are not so much caused by the carelessness of individual physicians, nurses, or other hospital personnel. Rather they are the result of cumulative...

This Article examines the historical scholarship of Gary Schwartz, spanning the Industrial Revolution to the late twentieth century. Schwartz set out to show that the fault principle had far deeper historical roots, both before and during the...

Despite calls for the abolition of assumption of risk, and for its merger within comparative fault, the doctrine survives in some jurisdictions, and its spirit endures in most, if not all. The consensual rationale underlying assumption of risk is...

In common law jurisdictions outside the United States, Gary Schwartz was the most highly regarded American torts scholar of his time, not least because of the similarity of his approach to the approach adopted by the vast majority of common law...

Tort doctrine is both unduly complex and insufficiently developed. Here are some examples. Intentional wrongdoing and product injuries are now treated as discrete areas of the law, rather than being folded into the basic fields of fault-based...

The Fifth Amendment's Just Compensation Clause is a revealing reflection of the Framers' vigilance in preserving property rights and maintaining a balance of power between citizen and state, especially in the specific context of eminent domain. The...