DOCSLIB.ORG

The Restatement (Third) and the Place of Duty in Negligence Law Benjamin Zipursky Fordham University School of Law, [email protected]

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Restatement (Third) and the Place of Duty in Negligence Law Benjamin Zipursky Fordham University School of Law, Bzipursky@Law.Fordham.Edu Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2001 The Restatement (Third) and the Place of Duty in Negligence Law Benjamin Zipursky Fordham University School of Law, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Benjamin Zipursky, The Restatement (Third) and the Place of Duty in Negligence Law, 54 Vand. L. Rev. 657 (2001) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/835 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Restatement (Third) and the Place of Duty in Negligence Law John C. P. Goldberg" Benjamin C. Zipursky" I. INTRODUCTION .................................................................. 658 II. RESTATEMENT (THIRD) §§ 3-17: PROFESSOR SCHVARTZ ON NEGLIGENCE ...................................................................... 664 A. Sections 3 and 6 as a General Account of Negli- gence ....................................................................... 665 B. Sections 3 to 17 as Limited to Accidents Causing PhysicalDamage .................................................... 674 1. The Description of the Domain of Sections 3-17 in the Reporter's Note Has No Stated Justification ................................................. 675 2. Inclusion of a Meaningful Conception of Duty is Necessary Even Assuming the Project Specified in the Reporter's Note ................... 678 a. Duty is Necessary to Restate Acci- dental Physical Damage Cases.......... 678 * Professor of Law, Vanderbilt University. B.A. 1983, Wesleyan University; M.Phil. (Poli- tics) 1985, University of Oxford; M.A. (Politics) 1989, Princeton University; J.D. 1991, New York University. ** Associate Professor of Law, Fordham University. B.A. 1982, Swarthmore College; Ph.D. (Philosophy) 1987, University of Pittsburgh; J.D. 1991, New York University. The authors wish to thank Professors and ALI Reporters Michael Green, Harvey Perlman, and Gary Schwartz for agreeing to participate in the John V. Wade Conference on the Third Restatement. We particu- larly wish to express our appreciation for Professor Schwartz's enormous efforts on behalf of the Restatement project, as well as his graciousness in responding to criticisms from us and other conferees. For invaluable comments on prior drafts, we thank Lisa Bressman, Jill Fisch, Abner Greene, Tom Grey, Steve Hetcher, Steve Heyman, Michael Martin, Robert Rasmussen, Tony Sebok, Ken Simons, and participants at the Wade Conference and at Faculty workshops at Ford- ham University School of Law and Boston University School of Law. Nicole Hyland and Jack Preis provided outstanding research assistance. 657 658 VANDERBILT LAWREVIEW [Vol. 54:3:657 b. Duty in Sections 16 and 17 ................ 680 c. Duty, Breach, and the Relationship Between Them ................................... 684 III. RESTATEMENT (THIRD) §§ 2A AND 101-105: PROFESSOR PERLMAN ON NEGLIGENCE ................................................. 687 IV. ASSESSING THE REPORTERS' DUTY SKEPTICISM ................. 692 V. DISTINGUISHING BETWEEN FOUR SENSES OF DUTY IN NEGLIGENCE LAW .............................................................. 698 A. Duty in Its Primary or "Obligation"Sense .............. 699 1. The Issue and Illustrations .......................... 699 2. Clarifying Duty in Its Obligation Sense ....... 705 B. Duty in its Alternative Senses ................................. 709 1. The Nexus Requirement ..................................... 709 2. Breach-as-a-Matter-of-Law ................................. 712 3. Exemption from the Operation of Negligence L aw .............................................................. 717 a. Nature of the Inquiry ............................... 717 b. Does Duty in its Obligation Sense Collapse into Duty in its Exemption Sense? ................ 720 VI. WHY DUTY OUGHT TO HAVE A PLACE IN NEGLIGENCE LA W ................................................................................... 723 A. Restating Negligence with Duty .............................. 724 B. A Rejoinder to Realists ........................................... 732 V II. CONCLUSION ...................................................................... 736 A PPENDIX .......................................................................... 737 I. INTRODUCTION A prima facie case of negligence has four elements: duty, breach, causation, and injury. In plain English, a person suing for negligence alleges that the defendant owed her a duty of reasonable care and injured her by breaching that duty. Every state adheres to the four-element account,' with perhaps two exceptions. 2 That ac- 1. See Brushwitz v. Ezell, 757 So. 2d 423, 432 (Ala. 2000); Lyons v. Midnight Sun Transp. Servs., Inc, 928 P.2d 1202, 1204 (Alaska 1996); Taeger v. Catholic Family & Cmty., 995 P.2d 721, 730 (Ariz. Ct. App. 1999); Sharon P. v. Arman, Ltd., 989 P.2d 121, 125 (Cal. 1999); Gerrity Oil & Gas Corp. v. Magness, 946 P.2d 913, 929 (Colo. 1997); RK Constructors, Inc. v. Fusco Corp., 650 A.2d 153, 155 (Conn. 1994); Bullock v. Nat'l City Mortgage Co., 735 A.2d 949, 952 (D.C. 1999); Ewing v. Sellinger, 758 So. 2d 1196, 1197 (Fla. Dist. Ct. App. 2000); Tuggle v. Helms, 499 S.E.2d 365, 367 (Ga. 1998); Tseu v. Jeyte, 962 P.2d 344, 350 (Haw. 1998); Coghlan v. Beta Theta Pi Fraternity, 987 P.2d 300, 311 (Idaho 1999); Ward v. K-Mart Corp., 554 N.E.2d 223, 226 (Ill. 1990); Benton v. City of Oakland City, 721 N.E.2d 224, 232 (Ind. 1999); Timm v. Clement, 574 N.W.2d 368, 371 (Iowa Ct. App. 1997); Hesler v. Osawatomie State Hosp., 971 P.2d 2001] THE PLACE OFDUTYIN NEGLIGENCE LAW 659 count was prominent in the various editions of Prosser's treatise,3 and is likewise prominent in Professor Dobbs' successor treatise.4 Leading casebooks also feature the four-element formula.0 Given the widespread adoption of the four-element test, one would have expected to encounter it somewhere in the two drafts of the Restatement (Third) of Torts: General Principles now circulating before the ALI.6 Yet, it is not there. The basic negligence provision 1169, 1174 (Kan. 1999); Helton v. Montgomery, 595 S.W.2d 257, 258 (Ky. CL App. 1980); Roberts v. Benoit, 605 So. 2d 1032, 1041 (La. 1991); Valentine v. On Target, Inc., 727 A.2d 947, 949 (Md. 1999); Lewis v. Knowlton, 1997 ME 12, 7, 688 A.2d 912, 913; Davis v. Westwood Group, 652 N.E.2d 567, 569 (Mass. 1995); Latham v. Nat'l Car Rental Syss., Inc., 608 N.W.2d 66, 71-72 (Mich. Ct. App. 2000); Lubbers v. Anderson, 539 N.W.2d 398, 401 (finn. 1995); Arona v. Smith, 98-CA-01360-SCT, 9 (Miss. 1999), 749 So. 2d 63, 66; Krause v. United States Truck Co., 787 S.W.2d 708, 710 (Mo. 1990); Cusenbary v. Mortensen, 987 P.2d 351, 355 (Mont. 1999); Divis v. Calrklift Inc., 590 N.W.2d 696, 701 (Neb. 1999); Manchenton v. Auto Leasing Corp., 605 A.2d 208, 213 (N.11. 1992); Weinberg v. Dinger, 524 A.2d 366, 373 (N.J. 1987); Alberts v. Schultz, 975 P.2d 1279, 1284 (N.M. 1999); Akins v. Glens Falls City Sch. Dist., 424 N.E.2d 531, 535 (N.Y. 1981); Scialabba v. Brandise Constr. Co., 921 P.2d 928, 930 (Nev. 1996); Holshouser v. Shaner Hotel Group Props., 518 S.E.2d 17, 22 (N.C. CL App. 1999); Hurt v. Freeland, 589 N.W.2d 551, 555 (N.D. 1999); Mussivand v. David, 544 N.E.2d 265, 270 (Ohio 1989); Comer v. Preferred Risk Mut. Ins. Co., 1999 OK 86, 10, 991 P.2d 1006, 1010 (Okla.1999); Ellis v. Sherman, 515 A.2d 1327, 1328 (Pa. 1986); Splendorio v. Bilray Demolition Co., 682 A.2d 461, 466 (R.I. 1996); Kleck- ley v. Northwestern Nat'l Cas. Co., 526 S.E.2d 218, 221 (S.C. 2000); Peterson v. Spink Elec. Coop., Inc., 1998 SD 60, 12, 578 N.W.2d 589, 591; Rice v. Sabir, 979 S.W.2d 305, 308 (Tenn. 1998); Doe v. Boys Club, Inc., 907 S.W.2d 472, 477 (Tex.1995); Gerbich v. Numed Inc., 977 P.2d 1205, 1207 (Utah 1999); Haverly v. Kaytec, Inc., 738 A.2d 86, 91 (Vt. 1999); Austin v. Consolida- tion Coal Co., 501 S.E.2d 161, 163 (Va. 1998); Degel v. Majestic Mobile Manor, Inc., 914 P.2d 728, 731 (Wash. 1996) (en bane); State ex rel. Frazier v. Hrko, 510 S.E.2d 486, 491 (%. Va. 1998); Miller v. Wal-Mart Stores, Inc., 580 N.W.2d 233, 238 (Wis. 1998); Stroup v. Oedekoven, 995 P.2d 125, 130 (Wyo. 1999). 2. See Union Pac. R.R. v. Sharp, 952 S.W.2d. 658 (Ark. 1997) (negligence requires damage, breach of standard of care, and proximate cause); Fazzolari v. Portland Sch. Dist., 734 P.2d 1326, 1336 (Or. 1987) (en bane) (criticizing standard formulation as applied to a broad category of accident cases, and stating as an alternative that negligence is made out when a defendant's conduct is determined to have "unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff'). 3. See NV. PAGE KEETON ET AL., PROSSER AND KEETON ON TORTS § 30, at 164-65 (5th ed. 1984); WILLIAML. PROSSER, HANDBOOK OFTHE LAW OFTORTS § 30, at 175 (1941). 4. DAN B. DOBBS, THE LAW OF TORTS §114, at 269 (2000). 5. See, e.g., RICHARD A. EPSTEIN, CASES AND MATERIALS ON TORTS 154 (7th ed. 2000); VICTOR E. SCHWARTZ ET AL., PROSSER, WADE AND SciARTz!S TORTS: CASES AND MATERIALS ON TORTS 130 (10th ed. 2000). 6. We say "two drafts" because, as Professors Perlman acknowledges, he and Professor Schwartz have separately drafted provisions that overlap considerably in coverage yet "depart[ ]' from one another in terminology and substance. See Memorandum from Harvey Perlman, to Advisers and Members Consultative Group, in RESTATEMENT (THIRD) OF TORTS: GENERAL PRINCIPLES (Preliminary Draft No. 2, May 10, 2000) [hereinafter Preliminary Draft No. 2]. Pro- fessor Perlman's provisions are Sections 2A, 9A, and 101-05 of Preliminary Draft No. 2. Id. §§ 2A, 9A, 101-05. Professor Schwartz's provisions are Sections 18-23 of Preliminary Draft No.
Load more

Recommended publications
  • Civil Recourse Defended: a Reply to Posner, Calabresi, Rustard, Chamallas, and Robinette
    Indiana Law Journal Volume 88 Issue 2 Article 6 Spring 2013 Civil Recourse Defended: A Reply to Posner, Calabresi, Rustard, Chamallas, and Robinette John C. Goldberg Harvard Law School, [email protected] Benjamin Zipursky Fordham University School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Law Commons, and the Torts Commons Recommended Citation Goldberg, John C. and Zipursky, Benjamin (2013) "Civil Recourse Defended: A Reply to Posner, Calabresi, Rustard, Chamallas, and Robinette," Indiana Law Journal: Vol. 88 : Iss. 2 , Article 6. Available at: https://www.repository.law.indiana.edu/ilj/vol88/iss2/6 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette JOHN C. P. GOLDBERG* BENJAMIN C. ZIPURSKY** INTRODUCTION ...................................................................................................... 569 I. CIVIL RECOURSE THEORY IN A NUTSHELL ......................................................... 570 II. CALABRESI AND POSNER .................................................................................. 575 A. POSNER ...................................................................................................
    [Show full text]
  • Updated: February 2021 Curriculum Vitae ARTHUR RIPSTEIN Faculty Of
    Updated: February 2021 Curriculum Vitae ARTHUR RIPSTEIN Faculty of Law Telephone: 416-978-0735 University of Toronto E-mail: [email protected] 78 Queen’s Park Crescent www.law.utoronto.ca/faculty/ripstein Toronto, ON, M5S 2C5 I. Biographical Information: a. Personal Information Born June 12, 1958, Winnipeg, Manitoba; Citizen of Canada and Germany b. Education: 1994 M.S.L., Yale Law School 1986 Ph.D., Philosophy, University of Pittsburgh, Dissertation title: Explanation and Empathy in Commonsense Psychology. Committee members: John Haugeland (director) Annette Baier (second reader) Peter King, Peter Machamer. 1984 M.A. University of Pittsburgh 1981 B.A. (Hons.) University of Manitoba II. Honours and Awards: 2021 Killam Prize for the Humanities, Canada Council for the Arts (Annual Award “awarded to active Canadian scholars who have distinguished themselves through sustained excellence, making a significant impact in their respective fields”) 2019 Keynote Lecturer, World Kant Congress, Oslo, Norway 2019 JJ Berry Smith Doctoral Supervision Award, University of Toronto (Annual University-wide Award. One award is given in natural Sciences and one in Social Sciences and Humanities. First person from humanities selected to win.) 2019 Tanner Lecturer, University of California, Berkeley. (Annual Lecture Series) 2016 Killam Fellowship, Canada Council for the Arts (Two-year leave fellowship, one of six awarded annually in Canada across all disciplines.) 2016 Society for Applied Philosophy (UK) Annual Lecturer. Arthur Ripstein /2 II. Honours and Awards (continued): 2016 University Professor, University of Toronto (special rank reserved for no more than 2% of tenured faculty. 2015 Kissel Lecturer, Edmund J. Safra Center for Ethics, Harvard University.
    [Show full text]
  • The V-Chip and the Constitutionality of Television Ratings
    Fordham Intellectual Property, Media and Entertainment Law Journal Volume 8 Volume VIII Number 2 Volume VIII Book 2 Article 1 1997 The V-Chip and the Constitutionality of Television Ratings Benjamin C. Zipursky Eric Burns Donald W. Hawthorne Thomas Johnson Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, and Thomas Johnson, The V-Chip and the Constitutionality of Television Ratings, 8 Fordham Intell. Prop. Media & Ent. L.J. 301 (1997). Available at: https://ir.lawnet.fordham.edu/iplj/vol8/iss2/1 This Transcript is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. PANEL1.TYP 9/29/2006 4:44 PM Panel 1: The V-Chip and the Constitutionality of Television Ratings Moderator: Benjamin C. Zipursky* Participants: Eric Burns** Donald W. Hawthorne, Esq.*** Thomas Johnson**** David H. Moulton, Esq.***** Robert W. Peters, Esq.****** MR. ZIPURSKY: Welcome to the Fordham Intellectual Property, Media & Entertainment Law Journal’s Sixth Annual Symposium on the First Amendment and the Media. I am Profes- sor Benjamin Zipursky of Fordham University School of Law. Out first panel discussion covers one of the hot topics in both the television industry and the legal profession, the V-chip and the constitutionality of the associated television ratings that will be re- quired to make the chip work properly.
    [Show full text]
  • 2021 APA Eastern Division Meeting Program
    The American Philosophical Association EASTERN DIVISION ONE HUNDRED SEVENTEENTH ANNUAL MEETING PROGRAM VIRTUAL MEETING JANUARY 7 – 9, 2021 AND JANUARY 14 – 16, 2021 Use Coupon Code ZAPE21 to Save 30% (PB)/50% (HC) THROUGH FEBRUARY 16, 2021 ORDER ONLINE AT WWW.SUNYPRESS.EDU Critique in German Philosophy The Aesthetic Clinic From Kant to Critical Theory Feminine Sublimation in Contemporary María del Rosario Acosta López and Writing, Psychoanalysis, and Art J. Colin McQuillan, editors Fernanda Negrete The Primary Way The Disintegration of Community Philosophy of Yijing On Jorge Portilla’s Social and Political Chung-ying Cheng Philosophy, With Translations Foreword by Robert Cummings Neville of Selected Essays Carlos Alberto Sánchez and Jouissance Francisco Gallegos, editors A Lacanian Concept Néstor A. Braunstein Endangered Excellence Translation and Introduction by On the Political Philosophy of Aristotle Silvia Rosman Pierre Pellegrin Translated by Anthony Preus Epistemic Responsibility Lorraine Code A World Not Made for Us Topics in Critical Environmental Philosophy Manufactured Uncertainty Keith R. Peterson Implications for Climate Change Skepticism Recovering the Liberal Spirit Lorraine Code Nietzsche, Individuality, and Spiritual Freedom On Metaphysical Necessity Steven F. Pittz Essays on God, the World, Morality, and Democracy Adult Life Franklin I. Gamwell Aging, Responsibility, and the Pursuit of Happiness Carl Schmitt between John Russon Technological Rationality and Theology Modernity as Exception The Position and Meaning and Miracle
    [Show full text]
  • Curriculum Vitae Of
    Updated: July 2013 Curriculum Vitae ARTHUR RIPSTEIN Faculty of Law Telephone: 416-978-0735 University of Toronto Fax: 416-978-2648 78 Queen’s Park Crescent E-mail: [email protected] Toronto, Ontario M5S 2C5 www.law.utoronto.ca/faculty/ripstein Chair, Department of Philosophy Telephone: (416) 978-3313 University of Toronto Fax: (416) 946-7436 Jackman Humanities Building E-mail: [email protected] 170 St. George Street Toronto, ON M5R 2M8 Personal Information Born June 12, 1958, Winnipeg, Manitoba Citizen of Canada and Germany Education: 1994 M.S.L. Yale Law School 1986 Ph.D. University of Pittsburgh, Dissertation title: Explanation and Empathy in Commonsense Psychology. Committee members: John Haugeland (director) Annette Baier (second reader) Peter King, Peter Machamer. 1984 M.A. University of Pittsburgh 1981 B.A. (Hons.) University of Manitoba Academic Positions: 2011- Chair, Department of Philosophy 1999- Professor, Faculty of Law and Department of Philosophy 1996-1999 Professor, Department of Philosophy and Faculty of Law 1991-1996 Associate Professor, (with tenure) Department of Philosophy and Faculty of Law 1990 Cross- appointed (status only) to Faculty of Law 1988 Appointed to Graduate Faculty 1987-1991 Assistant Professor, Department of Philosophy, University of Toronto 1986-1987 Visiting Instructor, Department of Philosophy, Franklin and Marshall College Awards: 2012 Faculty Award, University of Toronto Alumni Association (Annual Award given to one faculty member across the University for Excellence in Research
    [Show full text]
  • September 2020 Curriculum Vitae ARTHUR RIPSTEIN Faculty of Law
    Updated: September 2020 Curriculum Vitae ARTHUR RIPSTEIN Faculty of Law Telephone: 416-978-0735 University of Toronto E-mail: [email protected] 78 Queen’s Park Crescent www.law.utoronto.ca/faculty/ripstein Toronto, ON, M5S 2C5 I. Biographical Information: a. Personal Information Born June 12, 1958, Winnipeg, Manitoba; Citizen of Canada and Germany b. Education: 1994 M.S.L., Yale Law School 1986 Ph.D., Philosophy, University of Pittsburgh, Dissertation title: Explanation and Empathy in Commonsense Psychology. Committee members: John Haugeland (director) Annette Baier (second reader) Peter King, Peter Machamer. 1984 M.A. University of Pittsburgh 1981 B.A. (Hons.) University of Manitoba II. Honours and Awards: 2019 Keynote Lecturer, World Kant Congress, Oslo, Norway 2019 JJ Berry Smith Doctoral Supervision Award, University of Toronto (Annual University-wide Award. One award is given in natural Sciences and one in Social Sciences and Humanities. First person from humanities selected to win.) 2019 Tanner Lecturer, University of California, Berkeley. (Annual Lecture Series) 2016 University Professor (Special research rank reserved for 2% of tenured faculty) 2016 Killam Fellowship, Canada Council for the Arts (Two-year leave fellowship, one of six awarded annually in Canada across all disciplines.) 2016 Society for Applied Philosophy (UK) Annual Lecturer. 2016 University Professor, University of Toronto (special rank reserved for no more than 2% of tenured faculty. Arthur Ripstein /2 II. Honours and Awards (continued): 2015 Kissel Lecturer, Edmund J. Safra Center for Ethics, Harvard University. (Annual Lecture) 2015 Jurisprudence Annual Lecturer, London. (Annual Lecture sponsored by the Academic Journal Jurisprudence.) 2014 Opening Keynote Lecture, Freedom and Coercion, Universität Wien.
    [Show full text]
  • 2012-2013 Fordham Law School Faculty Bibliography Fordham Law School Library
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Bibliography Law Library 7-1-2012 2012-2013 Fordham Law School Faculty Bibliography Fordham Law School Library Follow this and additional works at: http://ir.lawnet.fordham.edu/fac_bib Part of the Law Commons Recommended Citation Fordham Law School Library, "2012-2013 Fordham Law School Faculty Bibliography" (2012). Faculty Bibliography. 8. http://ir.lawnet.fordham.edu/fac_bib/8 This Book is brought to you for free and open access by the Law Library at FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Bibliography by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. Faculty Bibliography 2012—2013 Fordham University School of Law 2 This is the final version of the 2012-2013 Fordham Law School Faculty Bibliography. We strive to make the bibliography as complete and error free as possible. If you notice any omission or error in this document, please immediately send any additions or corrections to Alissa Black- Dorward, Head of Reference, at [email protected]. This bibliography represents material published or accepted for publication by Fordham Law School Faculty and senior staff between July 1, 2012 and June 30, 2013. Published items appearing in the previous year’s bibliography will not appear in the current year’s bibliography. Items that were forthcoming in the 2011-2012 bibliography will appear again only in the bibliography corresponding to the year in which those items appear in print (i.e., a forthcoming item will appear only in one bibliography before the item is published).
    [Show full text]
  • Proceedings and Addresses of the American Philosophical Association
    September 2010 Volume 84, Issue 1 Proceedings and Addresses of The American Philosophical Association apa THE AMERICAN PHILOSOPHICAL ASSOCIATION Eastern Division Program University of Delaware Newark, DE 19716 www.apaonline.org The American Philosophical Association Eastern Division One Hundred Seventh Annual Meeting Marriott/Westin-Copley Connection Boston, MA December 27 - 30, 2010 Proceedings and Addresses of The American Philosophical Association Proceedings and Addresses of the American Philosophical Association (ISSN 0065-972X) is published five times each year and is distributed to members of the APA as a benefit of membership and to libraries, departments, and institutions for $75 per year. It is published by The American Philosophical Association, 31 Amstel Ave., University of Delaware, Newark, DE 19716. Periodicals Postage Paid at Newark, DE and additional mailing offices. POSTMASTER: Send address changes to Proceedings and Addresses, The American Philosophical Association, University of Delaware, Newark, DE 19716. Editor: David E. Schrader Phone: (302) 831-1112 Publications Coordinator: Erin Shepherd Fax: (302) 831-8690 Associate Editor: Richard Bett Web: www.apaonline.org Meeting Coordinator: Linda Smallbrook Proceedings and Addresses of The American Philosophical Association, the major publication of The American Philosophical Association, is published five times each academic year in the months of September, November, January, February, and May. Each annual volume contains the programs for the meetings of the three Divisions; the membership list; Presidential Addresses; news of the Association, its Divisions and Committees, and announcements of interest to philosophers. Other items of interest to the community of philosophers may be included by decision of the Editor or the APA Board of Officers.
    [Show full text]
  • Section 230— Nurturing Innovation Or Fostering Unaccountability?
    U.S. DEPARTMENT OF JUSTICE Section 230— Nurturing Innovation or Fostering Unaccountability? February 19, 2020 Robert F. Kennedy Department of Justice Building Washington, D.C. U.S. DEPARTMENT OF JUSTICE Section 230 — Nurturing Innovation or Fostering Unaccountability? AFTERNOON ROUNDTABLE BIOS Stewart A. Baker,Washington, D.C. Stewart Baker practices law in Washington, D.C. From 2005 to 2009, he was the frst Assistant Secretary for Policy at the Department of Homeland Security. He has been General Counsel of the National Security Agency and of the com- mission that investigated WMD intelligence failures prior to the Iraq war. He has been awarded one patent. He is the author of Skating on Stilts, a book on terrorism, cybersecurity, and other technology issues; he also hosts the weekly Cyberlaw Podcast. Elizabeth Banker, Deputy General Counsel, Internet Association Elizabeth Banker is Deputy General Counsel at Internet Association. Banker has advised technology companies for more than twenty years on content moderation, online safety, and law enforcement response. She spent a decade at Yahoo! Inc., where she was VP, Associate General Counsel for Global Law Enforcement, Security and Safety. While there, Banker testifed twice before Congress regarding child online safety, helped form the Technology Coalition, sat on NTIA’s Online Safety and Technology Working Group, and participated in other efforts to promote industry collaboration and public-private partnership. Recently, she spent three years at Twitter where she was Senior Director for Global Law Enforcement and Safety. Banker advised technology companies as outside counsel for fve years while a shareholder at ZwillGen PLLC and worked on encryption export controls and policy while an associate at Steptoe & John- son.
    [Show full text]
  • List of LAPA Conferences
    LAPA CONFERENCES Each year, LAPA sponsors a number of conferences to highlight important topics in law and legal studies. Starting in 2003, and continuing every year since, LAPA has organized a conference jointly with Reunion in the spring, to allow returning Princeton alumni to get CLE credit. Starting in 2005, and continuing since, LAPA started a beginning-of-the-year Faculty Retreat, with papers and commentators drawn from among LAPA’s Faculty Associates. In between these two conferences each year, LAPA typically has two or three other conferences on topics that vary year by year. The complete program of LAPA conferences from the beginning is listed below, first by year and then from September-June within each year. 2006-2007 CONFERENCES LAPA/UCHV FACULTY RETREAT MOUNTAIN LAKE HOUSE 57 MOUNTAIN LAKE ROAD ~ PRINCETON SEPTEMBER 12, 2006 This is the annual start-of-the-year Faculty Retreat sponsored by the Program in Law and Public Affairs and the University Center for Human Values. 8:30 am – Continental Breakfast 9 am – Welcoming Remarks, Kim Lane Scheppele, LAPA Director 9:10 – 10:20 – Paper by Alan Patten, Politics and UCHV “The Justification of Minority Language Rights” Commentator Gideon Rosen, Philosophy and Program in Humanistic Studies 10:20-10:30 – Coffee Break 10:30-11:40 – Paper by Jennifer Widner, Politics and Woodrow Wilson School “Building Judicial Independence in Semi-Democracies, Africa Comparisons” Commentator Lawrence Rosen, Anthropology 11:40-11:50 – Coffee Break LAPA Conferences 2 LAPA Review Spring 2007 11:50-1:00
    [Show full text]
  • DANIELLE KEATS CITRON Boston University School of Law, 765 Commonwealth Avenue, Boston, MA 02215 [email protected], [email protected]
    DANIELLE KEATS CITRON Boston University School of Law, 765 Commonwealth Avenue, Boston, MA 02215 [email protected], [email protected] ACADEMIC APPOINTMENTS BOSTON UNIVERSITY SCHOOL OF LAW, Boston, Massachusetts Professor of Law (July 2019-present), Fletcher Endowed Chair (induction in September 2020) Courses: Information Privacy Law; Civil Procedure; Free Speech in a Digital Age Service: Chair, Workshops Committee (2019-20) UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL OF LAW, Baltimore, Maryland Morton & Sophia Macht Professor of Law (2016-2019)· Lois K. Macht Research Professor & Professor of Law (with tenure) (2009-present)· Associate Professor of Law (2008-2009)· Assistant Professor of Law (2006-2007)· Visiting Assistant Professor (2004-2006) Courses: Information Privacy Law; Introduction to Civil Procedure; Civil Procedure; Civil Procedure II; Legal Writing and Research I Honors: UMB Champion of Excellence (2018); Teacher of the Year (May 2005); Moot Court Board Recognition (Fall 2006) Service: Faculty Advisor, MARYLAND LAW REVIEW (2010-present); Clerkship Committee (member, 2016-present); Faculty Adviser, American Constitution Society chapter; Curriculum Committee (member, 2013-15); Technology Committee (Co-Chair, 2012-13), Appointments Committee (Co-Chair, 2010-2011, member, 2008); Dean’s Strategic Planning Committee (2009-10); Faculty Advisor, JOURNAL OF BUSINESS AND TECHNOLOGY (2006-2010); Professionalism and Diversity Committee (member, 2006-08). UNIVERSITY OF CHICAGO LAW SCHOOL, Chicago, IL Visiting Professor of Law (mini-visit, Spring 2021) HARVARD LAW SCHOOL, Boston, MA Visiting Professor of Law (Fall 2022) FORDHAM UNIVERSITY SCHOOL OF LAW, New York, N.Y. Visiting Professor of Law (Fall 2018) (Information Privacy Law course; Civil Rights and Civil Liberties in the Digital Age seminar).
    [Show full text]
  • Legal Coherentism
    SMU Law Review Volume 50 Issue 5 Article 8 1997 Legal Coherentism Benjamin C. Zipursky Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Benjamin C. Zipursky, Legal Coherentism, 50 SMU L. REV. 1679 (1997) https://scholar.smu.edu/smulr/vol50/iss5/8 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. LEGAL COHERENTISM Benjamin C. Zipursky* TABLE OF CONTENTS I. THE ROBUST CORRESPONDENCE THEORY ........ 1682 A. THE ASPIRATIONS OF ANALYTIC PHILOSOPHY AND LOGICAL POSITIVISM .................................. 1682 B. THE ROBUST CORRESPONDENCE THEORY OF TRUTH.. 1683 C. REDUCTIONISTIC VERIFICATIONISM IN THE THEORY OF M EANING ............................................. 1686 D. FOUNDATIONALISM .................................... 1686 E. THE RESPONSE IN NON-CENTRAL AREAS ............. 1687 F. THE RESPONSE IN JURISPRUDENCE TO THE CORRESPONDENCE CLUSTER .......................... 1689 G. TRUTH AND LAW ...................................... 1694 II. THE RISE OF COHERENTISM ......................... 1695 A. THE REJECTION OF THE ROBUST CORRESPONDENCE T HEORY ............................................... 1695 B. THE REJECTION OF REDUCTIONISTIC VERIFICATIONISM ..................................... 1699 C. THE REJECTION OF FOUNDATIONALISM ............... 1700 D. THE RISE OF COHERENTISM ..........................
    [Show full text]