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New Directions in Tort Law (with Jeffrey O. Cooper), 859 Valparaiso University Law Review 30 (1996)


There are four different levels to recent developments in the law of torts: what's happening in practice, what's happening in Congress, what's happening with the Restatements at the American Law Institute, and, more fundamentally, what are the practical and theoretical effects of an important change in the basic approach that has been gaining form in torts over the last thirty years. After a preliminary nod to the first three, we will focus on this last one, which involves the emergence of splitting rules and the ways in which the trend toward splitting has manifested itself in various tort doctrines.

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