University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship Spring 2010 Beyond Rules Larry A. DiMatteo University of Florida Levin College of Law,
[email protected] Samuel Flaks Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Legal History, Theory and Process Commons Recommended Citation Larry A. DiMatteo & Samuel Flaks, Beyond Rules, 47 Hous. L. Rev. 297 (2010), available at http://scholarship.law.ufl.edu/facultypub/ 527 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact
[email protected]. ARTICLE BEYOND RULES Larry A. DiMatteo*& Samuel Flaks- TABLE OF CONTENTS I. INTRODUCTION ...................................... 298 II. SETTING THE CONTEXT: A BRIEF BIOGRAPHICAL SKETCH .............. ......... 305 III. ISAACS'S CONTRIBUTIONS TO AMERICAN LAw.....................312 A. Law of Contracts. ..................... ...... 312 B. Tort Law ................................. 319 * Huber Hurst Professor of Contract Law & Legal Studies, Warrington College of Business Administration, University of Florida. ** Law Clerk for the Hon. Edwin Stern, P.J.A.D., New Jersey Superior Court, Appellate Division, 2009-2010; J.D., Harvard Law School, 2009; B.S., Cornell University Industrial & Labor Relations School, 2006. The Authors would like to thank the participants of the 2009 Hurst Research Seminar hosted by Boston College and the University of Florida. Special appreciation goes to Jed Shugerman for his thoughtful guidance. We would also like to thank Noah Feldman, Morton J.