Publications
LAW REVIEW AND OTHER SCHOLARLY JOURNAL PUBLICATIONS
Considering the Private Animal and Damages, 98 WASH. U. L. REV. 1313 (2021) (addressing implications of private law actions such as tort and copyright infringement naming animals as plaintiffs).
Edgy Animal Welfare, 95 DENVER L. REV. 865 (2018) (advocating for an “edgy” animal welfare approach; asserting that animal welfare advocates must support legal reforms even if the reforms could serve as stepping stones toward animal legal personhood, provided that the benefits of the reforms are important and provided slippery slope concerns are manageable).
Litigating Nonhuman Animal Legal Personhood, 50 TEX. TECH. L. REV. 573 (2018) (introducing and sharing amicus curaie brief asserting that legal system should focus on human responsibility toward animals instead of on animal legal personhood) .
Cognitively Impaired Humans, Intelligent Animals, and Legal Personhood, 68 FL. L. REV. 465 (2017) (analyzing the “argument from marginal cases” for animal legal personhood, with specific focus on comparisons between intelligent animals and humans with cognitive limitations).
Animals as More than “Mere Things,” but Still Property: A Call for Continuing Evolution of the Animal Welfare Paradigm, 84 CINN. L. REV. 1023 (2016) (proposing approaches courts and legislatures should consider to provide appropriate protections for animals while affirming their status as unique, specially protected property).
Human Responsibility, Not Legal Personhood, for Nonhuman Animals, 16 ENGAGE Iss. 2 (2015).
Children, Chimps, and Rights Arguments from “Marginal” Cases, 45 AZ. ST. LAW J. 1 (2013) (analyzing the “argument from marginal cases” for animal legal personhood, with specific focus on comparisons between intelligent animals and young children).
Moving Beyond Animal Rights: A Legal/Contractualist Critique, 46 SAN DIEGO L. REV. 27 (2009) (exploring the rights paradigm and its application to humans and animals).
A Dubious Grail: Seeking Tort Law Expansion and Limited Personhood as Stepping Stones Toward Abolishing Animals’ Property Status, 60 SMU L. REV. 3 (2007) (critiquing calls for owner emotional distress damages for negligent harm to companion animals and efforts to assign legal personhood to animals as stepping stones toward abolishing animals’ status as specially protected property).
Bioethics and the Explosive Rise of Animal Law, 9 AMERICAN J. OF BIOETHICS 1 (Issue 5, 2009) (documenting the rapid rise of animal law in the 2000s and considering implications for bioethics).
Vets in the Doghouse: Are Pet Suits Economically Viable? 31 THE BRIEF 42 (2002) (coauthored with Amber E. Dean) (analyzing economic viability of lawsuits seeking enhanced damages for harm to companion animals).
Seeking Redemption for Torts Law: Review of HOLDING BISHOPS ACCOUNTABLE: HOW LAWSUITS HELPED THE CATHOLIC CHURCH CONFRONT CLERGY SEXUAL ABUSE, 27 J. OF LAW & RELIGION 185 (2011-12) (reflecting upon torts law’s power as a policymaking tool in a limited range of litigation scenarios and reviewing book addressing the subject).
In Praise of Moral Judgment: The RESTATEMENT (THIRD) OF TORTS and Flagrant “Bad Guy” Trespassers, 1 WAKE FOREST L. REV. ONLINE 37 (2011) (assessing the Restatement (Third) of Torts’s approach to land owners’ negligence liability to trespassers).
International Tobacco Litigation’s Evolution as a United States Torts Law Export: To Canada and Beyond?, 38 PEPPERDINE L. REV. 283 (2011) (considering the ways US-style litigation against tobacco companies could be both helpful and harmful for other nations).
Tort Reform or Tort Restriction: Rhetoric as Scorekeeper, in ANDREW POPPER, MATERIALS ON TORT REFORM (THOMPSON/WEST 2010). (critiquing “tort reform” as an often misleading term; considering implications of legislation altering common law torts doctrines tending to focus on restrictions rather than on a blend of restrictions and expansions).
Preemption’s Rise (and Bit of a Fall) as Products Liability Reform: Wyeth, Riegel, Altria, and the RESTATEMENT (THIRD)’s Prescription Product Design Defect Standard, 74 BROOKLYN L. REV. 727 (2009) (considering the Restatement (Third)’s standard for prescription products in light of the preemption doctrine’s evolution from the 1990s through the 2000s).
Successor Liability for Defective Products: A Redesign Ongoing, 72 BROOKLYN L. REV. 1173 (2007) (coauthored with Christopher J. Frost) (analyzing successor liability’s evolution since the author’s 1999 Redesigning Successor Liability article).
Believing in Products Liability: Reflections on Daubert, Doctrinal Evolution, and David Owen’s PRODUCTS LIABILITY LAW, 40 U.C. DAVIS L. REV. 511 (2006) (reviewing products liability hornbook through the lens of its analysis of Daubert v. Merrel Dow Pharmaceuticals’ impact on products liability law).
Asbestos Litigation and Bankruptcy: A Case Study for Ad Hoc Public Policy Limitations on Joint and Several Liability, 31 PEPP. L. REV. 203 (2003) (discussing asbestos litigation and ad hoc limits on joint and several liability).
The Rhetoric of Strict Products Liability versus Negligence: An Empirical Analysis, 77 N.Y.U. L. REV. 874 (2002) (coauthored with cognitive psychologist Danielle Polage) (empirical analysis exploring how negligence versus strict liability rhetoric may influence jury outcomes in products liability cases).
Proximate Cause, the Proposed Basic Principles Restatement, and Products Liability, 53 SOUTH CAROLINA L. REV. 1085 (2002) (analyzing proximate cause in the context of various product liability doctrines and defenses).
Product Design Safety and Tort Law: The Impact of Increasing Cohesion in Civil Liability Standards, 8 INJURY CONTROL & SAFETY PREVENTION 37 (2001).
State Medical Reimbursement Lawsuits After Tobacco: Is the Domino Effect Fair Game?, 27 PEPPERDINE L. REV. 685 (2000) (discussing potential domino effects of successful state medical reimbursement lawsuits against cigarette manufacturers).
Redesigning Successor Liability, 1999 UNIVERSITY OF ILLINOIS L. REV. 845 (critiquing the “traditional approach” to successor liability and supporting less restrictive approaches adopted by many jurisdictions).
The Continuing Search for Proper Perspective: Whose Reasonableness Should Be at Issue in a Prescription Product Design Defect Analysis?, 30 SETON HALL L. REV. 233 (1999) (addressing standards for analyzing alleged design defects in prescription products).
Liability of Successor for Harm Caused by Defective Products Sold Commercially by Predecessor, 7 KANSAS JOURNAL OF LAW & PUBLIC POLICY 113 (1998) (discussing no successor liability as a judicial rule not a legislative rule with the exceptions from the Restatement (Third).
A Morality Play’s Third Act: Revisiting Addiction, Fraud and Consumer Choice in “Third Wave” Tobacco Litigation, 46 UNIVERSITY OF KANSAS L. REV. 465 (1998) (analyzing how tobacco products liability is affected by changing social perceptions and various factors resulting in mixed verdicts).
The “Uncomplicated” Law of Products Liability: Reflections of a Professor Turned Juror, 91 NORTHWESTERN UNIVERSITY L. REV. 1082 (1997).
Defining the Boundaries of “Alternative Design” under the RESTATEMENT (THIRD): The Nature and Role of Substitute Products in Design Defect Analysis, 63 TENNESSEE L. REV. 329 (1996) (analyzing the implication of the Restatement (Third) of Torts recent adoptions).
Rethinking Conscious Design Liability for Prescription Drugs: The RESTATEMENT (THIRD) Standard versus a Negligence Approach, 63 GEORGE WASHINGTON L. REV. 76 (1994) (challenging arguments regarding a near immunity standard for design liability for prescriptions drugs).
Sharing Accountability for Breast Implants: Strict Products Liability and Medical Professionals Engaged in Hybrid Sales/Service Cosmetic Products Transactions, 21 FLORIDA STATE L. REV. 873 (1994) (analyzing the policy reasons given by courts for exempting medical professionals from strict products liability).
Comment, Religious Torts: Applying the Consent Doctrine as Definitional Balancing, 19 U.C. DAVIS L. REV. 949 (1986) (discussing a definitional balancing as the most appropriate means of measuring competing interests in torts).
OP-EDS (Partial List)
Law-related op-eds published in The New York Times, The Los Angeles Times (multiple), USA TODAY, The Philadelphia Inquirer, The National Law Journal, The Conversation, The Indianapolis Star, The Oakland Tribune, The Sacramento Bee, and The L.A. Daily Journal.
BOOKS AND BOOK CHAPTERS
DAVID A. FISHER, WILLIAM C. POWERS, JR., RICHARD L. CUPP, JR., MICHAEL D. GREEN & JOSEPH SANDERS, PRODUCTS LIABILITY CASES & MATERIALS (6th ed., 2023).
Criminal Animal Abuse, Interconnectedness, and Human Morality, in CARCERAL LOGICS: HUMAN INCARCERATION AND ANIMAL CAPTIVITY (Lori Gruen and Justin Marceau, eds., 2022).