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...

The public health impact of smoking remains as prominent as ever. At present, over 400,000 premature deaths - far and away the highest tally for any product or substance on the market - are attributable to smoking. And, per capita use and trend rates suggest no reason for relaxed regulatory...

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...

The proliferation of lawsuits against the tobacco industry has had profound implications for American health policy, tort law, civil law, and welfare and social policy. Since the publication of Rabin and Sugarman's Smoking Policy, class action suits, FDA regulation, clean air legislation, health...

This paper addresses the complex institutional structure in the United States for dealing with victim compensation in cases of catastrophic loss. It will appear as a chapter in a multinational study that compares the institutional frameworks adopted by Western European nations and the United...