In this Article, I briefly comment on three aspects of the "economic loss rule" - the longstanding no-duty barrier to recovery of pure economic loss - in an effort to dig beneath the surface and explore its foundations. First, I examine the array of circumstances in which the no-duty rule comes...

In this paper, I explore the often-contested territory that tort occupies within the more expansive domain of worker's compensation. This exploration reveals that, far from being substitutes, tort and worker's compensation are, in fact, deeply and inextricably joined: A complementarity that...

Beginning in 1992, with the landmark decision in Cipollone v. Liggett Group, Inc., the U.S. Supreme Court has decided a burgeoning number of preemption cases, squarely challenging the continuing vitality of tort in many domains of accident law. Cipollone addressed the preemption question in an...

In this Article, I offer four representative illustrations of Judge Jack Weinstein's creative efforts to recast traditional tort concepts in a fashion responsive, by his lights, to accident law claims that pressed against the boundaries of the conventional interpersonal tort law process. In the...

This commentary offers three basic observations about Professor Dov Fox's novel and illuminating conception of a new tort of reproductive negligence. In Reproductive Negligence, Professor Fox identifies three scenarios, categorically: imposition of unwanted parenthood, deprivation of wanted...