The Third Restatement of Torts: Liability for Physical and Emotional Harm

August 6, 2009

This presentation on current issues in tort law, including changes to the new Restatement of Torts, was presented in A&P's New York office on August 6, by former A&P associates Ben Zipursky and John Goldberg.  Since leaving A&P some years ago, Ben and John have become leading scholars in the area of tort law and are known as pioneers of "civil recourse theory," which is an  alternative tort theory to corrective justice theory and law and economics.

Ben was an associate in our New York office in the early 1990s.  He currently teaches at Fordham University School of Law, where he was Associate Dean from 2001-2003. He has taught as a Visiting Professor at Columbia Law School and Vanderbilt Law School, and this past Spring was a Visiting Professor at Harvard Law School.  He is a leading scholar in torts, tort theory and jurisprudence, and has published more than forty articles and chapters on subjects ranging from punitive damages and duty in tort law to the varieties of pragmatism within legal philosophy.

John was a summer associate in our office in 1990.  He has been a Professor at Harvard Law School since 2008.  From 1995 until then, he was a faculty member of Vanderbilt Law School, where he served as Associate Dean for Research (2006-08).  John  is an author of a leading tort law casebook, Tort Law: Responsibilities and Redress, now in its second edition.  After receiving his J.D. in 1991 from New York University School of Law, John  clerked for Judge Jack Weinstein of the Eastern District of New York and for Supreme Court Justice Byron White.

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