Skip to main content
Frank B. Ingersoll Professor of Law
Working Papers
"The Importance of Fault in Contract Law," Cornell Legal Studies Research Paper No. 12-34 (2012).
"Contract's Constitutive Core: Solving Problems by Making Deals," Cornell Legal Studies Research Paper No. 11-06 (2011).
"Reaching Equilibrium in Tobacco Litigation" (with Aaron Twerski), 62 South Carolina Law Review 67 (2010).
"Manufacturers’ Liability for Defective Product Designs: The Triumph of Risk-Utility," (with Aaron Twerski) 74 Brooklyn Law Review 1061 (2009).
"The Status of Trespassers on Land," 44 Wake Forest Law Review 1071 (2009).
"Sellers of Safe Products Should Not Be Required to Rescue Users From Risks Presented by Other More Dangerous Products." 37 Southwestern University Law Review 595 (2008).
"The Lawlessness of Aggregative Torts," 34 Hofstra Law Review 329-43 (2005).
"A Fictional Tale of Unintended Consequences:  A Response to Professor Wertheimer" (with Aaron D. Twerski), 70 Brooklyn Law Review 939-48 (2005).
"Consumer Expectations' Last Hope:  A Response to Professosr Kysar" (with Aaron D. Twerski), 103 Columbia Law Review 1791-802 (2003).
"Why Negligence Dominates Tort," 50 UCLA Law Review  377-45 (2002).
"Asbestos Litigation Gone Mad: Exposure-Based Recovery for Increased Risk, Mental Distress, and Medical Monitoring" (with Aaron D. Twerski), 53 South Carolina Law Review 815-50 (2002).
"Echoes of Enterprise Liability in Product Design and Marketing Litigation," 87 Cornell Law Review 958-1000 (2002).
"Drug Designs are Different" (with Aaron D. Twerski), 111 Yale Law Journal 151-81 (2001).
"Intent and Recklessness in Tort: The Practical Craft of Restating Law" (with Aaron D. Twerski), 54 Vanderbilt Law Review 1133-56 (2001).
"ALI Products Liability Reporter's Response" (with Aaron D. Twerski), 10 Kansas Journal of Law and Public Policy 137-42 (2000).
"Intuition and Technology in Product Design Litigation: An Essay on Proximate Causation" (with Aaron D. Twerski), 88 Georgetown Law Journal 659-89 (2000).
"Overview by the ALI Reporter: Products Liability" (with Aaron D. Twerski), 10 Kansas Journal of Law and Public Policy 21-29 (2000).
"The Products Liability Restatement in the Courts: An Initial Assessment" (with Aaron D. Twerski), 27 William Mitchell Law Review 7-31 (2000).
"Product-Related Risk and Cognitive Biases: The Shortcomings of Enterprise Liability" (with Jeffrey Rachlinski), 6 Roger Williams University Law Review 213-58 (2000).
"The Role of the Restatement in the Tort Reform Movement: ALI Reporter's Response" (with Aaron D. Twerski), 10 Kansas Journal of Law and Public Policy 55-58 (2000)
"Product Design Liability in Oregon and the New Restatement" (with Aaron D. Twerski), 78 Oregon Law Review 1-25 (1999).
"What Europe, Japan, and Other Countries Can Learn From the New American Restatement of Products Liability," (with Aaron Twerski) 34 Texas International Law Journal 1 (1999).
"A Discussion and a Defense of the Restatement (Third) of Torts: Products Liability," 8 Kansas Journal of Law & Public Policy 18-26 (1998).
"Section 12: Response," 8 Kansas Journal of Law & Public Policy 123-24 (1998).
"Achieving Consensus on Defective Product Design" (with Aaron D. Twerski), 83 Cornell Law Review 867-920 (1998).
"The Politics of the Products Liability Restatement" (with Aaron D. Twerski), 26 Hofstra Law Review 667-95(1998).
"Postscript: Arriving at Reasonable Alternative Design: The Reporters' Travelogue" (with Aaron D. Twerski), 30 University of Michigan Journal of Law Reform 563 (1997).
"Prescription Drug Design Liability Under the Proposed Restatement (Third) of Torts: A Reporter's Perspective," 48 Rutgers Law Review 471-95 (1996).
"Comment: Settlement Class Actions and the Limits of Adjudication," 80 Cornell Law Review 1014-21 (1995).
"Optimal Issue Separation in Modern Products Liability Litigation" (with Fred Bertram and Michael J. Toke), 73 Texas Law Review 1653-99 (1995).
"Universal Health Care and the Continued Reliance on Custom in Determining Medical Malpractice" (with John A. Siliciano), 79 Cornell Law Review 1382 (1994).
"Products Liability Cases on Appeal: An Empirical Study" (with Theodore Eisenberg), 16 The Justice System Journal 177-38 (1993).
"Revising Section 402A: The Limits of  Torts as Social Insurance," 10 Touro Law Review 107-22 (1993).
"Will a New Restatement Help Settle Troubled Waters: Reflections" (with Aaron D. Twerski), 42 American University Law Review 1257-67 (1993).
"Inside the Quiet Revolution in Products Liability" (with Theodore Eisenberg), 39 UCLA Law Review 731-810 (1992).
"A Proposed Revision of Section 402A of the Restatement (Second) of  Torts" (with Aaron D. Twerski), 77 Cornell Law Review1512-57 (1992).
"Unworkability of Court-Made Enterprise Liability: A Reply to Geistfeld" (with Aaron Twerski), 67 New York University Law Review 1174-83 (1992).
"Why the Recent Shift in Tort?," 26 Georgia Law Review 777-85 (1992).
"Why Vosburg Comes First. (Teaching of Torts)," 1992 Wisconsin Law Review 853-61 (1992).
"Closing the American Products Liability Frontier: The Rejection of Liability Without Defect" (with Aaron D. Twerski), 66 New York University Law Review 1263-331 (1991).
"Judicial Reliance on Public Policy: An Empirical Analysis of Products Liability Decisions," 59 George Washington Law Review 1570-613 (1991).
"The Quiet Revolution in Products Liability" (with Theodore Eisenberg), 20 Anglo-American Law Review 188-203 (1991).
"Stargazing: The Future of American Products Liability Law" (with Aaron D. Twerski), 66 New York University Law Review 1332-42 (1991).
"Doctrinal Collapse in Products Liability: The Empty Shell of Failure to Warn" (with Aaron D. Twerski), 65 New York University Law Review 265-327 (1990).
"Process Norms in Products Litigation: Liability for Allergic Reactions," 51 University of Pittsburgh Law Review 761-807 (1990).
"The Quiet Revolution in Products Liability: An Empirical Study of Legal Change" (with Theodore Eisenberg), 37 UCLA Law Review 479 (1990).
"Agreements Changing the Forum for Resolving Malpractice Claims," 49 Law and Contemporary Problems 243-51 (1986).
"Product Liability and the Passage of  Time: The Imprisonment of Corporate Rationality," 58 New York University Law Review 765-95 (1983).
"Why Creative Judging Won't Save the Products Liability System," 11 Hofstra Law Review 845-60 (1983).
"The Boundary Problems of Enterprise Liability," 41 Maryland Law Review 659-94 (1982).
"Process Constraints in Torts," 67 Cornell Law Review 901-48 (1982).
"Coping with the Time Dimension in Products Liability," 69 California Law Review 919-68 (1981).
"Should A 'Process Defense' Be Recognized in Product Design Cases?" 56 New York University Law Review 585-615 (1981).
"Extending the Boundaries of Strict Products Liability: Implications of the Theory of the Second Best," 128 University of Pennsylvania Law Review 1036-93 (1980).
"Renewed Judicial Controversy Over Defective Product Design: Toward the Preservation of an Emerging Consensus," 63 Minnesota Law Review 773-807 (1979).
"Implementing Federal Environmental Policies: The Limits of Aspirational Commands" (with Richard N. Pearson), 78 Columbia Law Review 1429-70 (1978).
"Manufacturers' Liability for Defective Product Design: A Proposed Statutory Reform," 56 The North Carolina Law Review 625-41 (1978).
"Design Defect Litigation Revisited," 61 Cornell Law Review 541-58 (1976).
"Expanding the Negligence Concept: Retreat from the Rule of Law," 51 Indiana Law Journal 468-527 (1976).
"Judicial Review of Manufacturers' Conscious Design Choices: The Limits of Adjudication," 73 Columbia Law Review 1531-78 (1973).
"A Defense of the Use of the Hypothetical Case to Resolve the Causation Issue--The Need for an Expanded, Rather Than a Contracted, Analysis," 1969 Texas Law Review 183-214 (1969).
"Mistake and Fraud in Wills--Part I: A Comparative Analysis of Existing Law," 47 Boston University Law Review 302-417 (1967).
"Mistake and Fraud in Wills--Part II: A Suggested Statutory Departure,"  47 Boston University Law Review 461-550 (1967).
Book Reviews
"The Efficacy of Organic Tort Reform," 77 Cornell Law Review 596-611 (1992), (Review of W. Kip Viscusi, Reforming Products Liability).
"The New Zealand Accident Compensation Reform," 48 The University of Chicago Law Review 781-801 (1981) (Review of Geoffrey Palmer, Compensation for Incapacity).
Review of Jeffrey O'Connell, Ending Insult to Injury: No-Fault Insurance for Products and Services, 56 Boston University Law Review 830-41 (1976).
"Consumer Protection or Consumer Repression? A Critique of the National Commission on Product Safety," 51 Boston University Law Review 704-19 (1971) (Review of Ralph Nader, Hearings, National Commission on Product Safety).
Review of Thomas L. Shaffer, Death, Property, and Lawyers, 47 Notre Dame Lawyer 404-17 (1971).
Review of Norman F Dacey, How To Avoid Probate 46 Boston University Law Review 417-24 (1966).
Review of Ralph Nader, Unsafe At Any Speed 46 Boston University Law Review 135-41 (1966).