Private Law Theory

James R Hackney, Jr, Judge Jack Weinstein and the Construction of Tort Law in America: An Intellectual History, 64 DePaul Law Review 2 (2014), available at SSRN. Professor James Hackney’s recent review of Judge Jack Weinstein’s work on the bench, Judge Jack Weinstein and the Construction of Tort Law in America: An Intellectual History, is well worth reading. He draws interesting parallels between Weinstein’s approach to resolving mass tort disputes, described in his book Individual Justice in Mass Tort Litigation and reflected in several of his opinions, and Guido Calabresi’s theories of tort law, set out most prominently in The Costs of Accidents. Hackney makes a compelling case that their views are more similar than most scholars recognize … (more)

[Keith N Hylton, JOTWELL, 8 June]

First posted 2016-06-08 12:33:25