Gregory C. Keating
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View article: Seven Critics
Seven Critics Open
This article responds to seven Comments on my book, R easonableness and R isk : R ight and R esponsibility in the L aw of T orts (Oxford, 2022). Inter alia , the comments question whether, on my view, torts are really wrongs; whether harm-…
View article: Putting “Duty” Back on Track
Putting “Duty” Back on Track Open
Brown v. USA Taekwondo grapples with the problems that have dogged California law governing the determination of duty in negligence for more than fifty years now. The great California duty decisions of the late 1960s— Rowland v. Christian …
View article: Form and Substance in the
Form and Substance in the Open
Instrumentalist ideas have long been prominent in torts scholarship. Since the rise of legal realism, discussions of deterrence, compensation, the minimization of accident costs, and the distribution of losses, have dominated scholarly dis…
View article: Between absolutism and efficiency
Between absolutism and efficiency Open
The author develops two lines of argument. One line responds to specific objections advanced by his critics and seeks to show that these objections do not undermine the claim that the safety and feasibility standards are rationally justifi…
View article: Corrective Justice: Sovereign or Subordinate?
Corrective Justice: Sovereign or Subordinate? Open
The concept of “corrective justice” has figured prominently in debates over the formal structure and normative commitments of private law—especially tort law—over the past generation. This chapter organizes those debates around two very di…
View article: Principles of risk imposition and the priority of avoiding harm
Principles of risk imposition and the priority of avoiding harm Open
Standards which prescribe more than efficient precaution against physical harm and health injury are commonplace in American environmental, health and safety regulation. Yet these standards are now routinely decried as irrational. Welfare,…
View article: Is There Really No Liability Without Fault?: A Critique of Goldberg & Zipursky
Is There Really No Liability Without Fault?: A Critique of Goldberg & Zipursky Open
This paper comments on John C.P. Goldberg & Benjamin C. Zipursky, The Strict Liability in Fault and the Fault in Strict Liability 85 Fordham L.Rev. 743 (2016). In their important writings over the past twenty years, Professors Goldberg and…
View article: Torts and the Paradox of Conservative Justice: A Response to Avraham and Yuracko
Torts and the Paradox of Conservative Justice: A Response to Avraham and Yuracko Open
In response to Ronen Avraham & Kim Yuracko, Torts and Discrimination, 78 Ohio St. L.J. 661 (2017).
View article: Comment on Gardner: Duty and Right in Private Law
Comment on Gardner: Duty and Right in Private Law Open
John Gardner’s From Personal Life to Private Law is a striking marriage of cultivated sensibility and analytic prowess. Professor Gardner is both acutely sensitive to the lived experience of our moral relationships and highly skilled at di…
View article: Comment on Avraham and Yuracko: Torts and the Paradox of Conservative Justice
Comment on Avraham and Yuracko: Torts and the Paradox of Conservative Justice Open
This paper comments on Ronen Avraham & Kim Yuracko, Torts and Discrimination forthcoming in the Ohio State Law Journal. Professors Avraham and Yuracko’s fine article, Torts and Discrimination, calls our attention to the fact that the entre…
View article: Must the Hand Formula Not Be Named
Must the Hand Formula Not Be Named Open
This paper responds to Benjamin Zipursky’s Reasonableness in and out of Negligence Law 163 U. PA. L. REV. 2131 (2015). It takes issue with Professor Zipursky’s aversion to the Hand Formula. Trying to write the Hand Formula out of negligenc…