Reading Assignments
The reading assignments listed below are also available as a Google calendar. You can subscribe to the calendar and receive notifications when I post new reading assignments.
Unless otherwise noted, all page numbers refer to the required textbook for the class, Franklin, Rabin & Green, Tort Law and Alternatives: Cases and Materials (11th ed. 2021). I will provide links for supplementary materials.
Spring Semester
Causation
Factual Cause
Tuesday, January 17, 2023
Basic Doctrine
Pgs. 341-361
Thursday, January 19, 2023
Multiple Defendants
Pgs. 376-393
Tuesday, January 24, 2023
Toxic Harms
Pgs. 393-403
Proximate Cause
Thursday, January 26, 2023
Unexpected Harm
Pgs. 405-410
Intervening & Superseding Causes
Pgs. 419-429
Tuesday, January 31, 2023
Unexpected Victim
Pgs. 429-441
Thursday, February 2, 2023
Causation Review & Exercises
Defenses to Negligence
Tuesday, February 7, 2023
Contributory Negligence & Comparative Negligence
Pgs. 443-461
Thursday, February 9, 2023
Comparative Negligence (cont’d.)
Pgs. 461-470
Wassell v. Adams, 865 F.2d 849 (7th Cir. 1989)
Amy H. Kately, Out of the Whiteness: On Raced Codes and White Race Consciousness in Some Tort, Criminal, and Contract Law, 63 U. Cin. L. Rev. (1994) (excerpt)
Please note that the case and article address issues of sexual assault, racism, and sexism.
Download the PDF of the case and article excerpt here.
Tuesday, February 14, 2023
Assumption of Risk: Express Agreements
Pgs. 474-486
Implied Assumption of Risk
Pgs. 486-491
Thursday, February 16, 2023
Implied Assumption of Risk (cont’d.)
Pgs. 491-498
Tuesday, February 21, 2023
Defenses Review and Exercises
Strict Liability
Thursday, February 23, 2023
Strict Liability - Traditional view
Pgs. 519-528
Pgs. 533-544
Tuesday, February 28, 2023
No class.
Thursday, March 2, 2023
Products liability
Pgs. 569-589
Tuesday, March 14, 2023
Manufacturing Defects
Pgs. 589-591
Design Defects
Pgs. 591-605
Thursday, March 16, 2023
Warnings
Pgs. 618-636
Tuesday, March 21, 2023
Defenses
Pgs. 642-652
Review and Exercises
Intentional Torts
Thursday, March 23, 2023
Introduction
Pgs. 901-908
Assault and Battery
Pgs. 908-917
Tuesday, March 28, 2023
False Imprisonment
Pgs. 917-924
Intentional Infliction of Emotional Distress
Pgs. 924-939
Thursday, March 30, 2023
Defenses to Intentional Torts
Pgs. 957-976
Tuesday, April 4, 2023
Review of Intentional Torts & Exercises
Alternatives to Tort
Thursday, April 6, 2023
First-Party Insurance
Pgs. 775-793
Tuesday, April 11, 2023
Liability Insurance
Pgs. 798-817
Thursday, April 13, 2023
Workers Compensation
Pgs. 831-857
Tuesday, April 18, 2023
No-Fault and Beyond
Pgs. 878-900
Thursday, April 20, 2023
Flex Day
Thursday, April 27, 2023
Review
Fall Semester
Aug 23, 2022
Class 01 - Welcome to Torts!
Before our first class, please read the syllabus on the course website. Please wait until after our first class on Tuesday to read Thursday’s reading assignment.
Aug 25, 2022
Class 02 - How to Read a Case
Pgs. 1-9
Aug 30, 2022
Class 03 - Course Overview
Pgs. 9-20
Sep 1, 2022
Class 04 - Compensatory Damages
Pgs. 717-734
Sep 6, 2022
Class 05 - Compensatory Damages / Punitive Damages
Pgs. 734 - 742
Mathias v. Accor Economy Lodging, Inc.
Pgs. 753 - 759
Sep 8, 2022
Class 06 - Punitive Damages
Pgs. 759 - 770
Sep 13, 2022
Class 07 - Damages Recap
Sep 15, 2022
Class 08 - Introduction to the Concept of Negligence
Pgs. 37, 46-55
Sep 20, 2022
Class 09 - The Reasonable Person
Pgs. 55-64
Sep 22, 2022
Class 10 - The Role of Judges and Juries
Pgs. 64-78
Sep 27, 2022
Class 11 - Customs & Statutes
Pgs. 78 - 89
Sep 29, 2022
Class 12 - Proving Negligence
Pgs. 89 - 95
Oct. 4, 2022
Class 13 - Proving Negligence
Pgs. 95 - 102
Oct. 6, 2022
Class 14 - Res Ipsa Loquitur
Pgs. 102 - 109
Oct. 11, 2022
No Class
Oct. 13, 2022
Class 15 - Res Ipsa Loquitur
No reading
Oct. 18, 2022
Class 16 - Medical Malpractice
Pgs. 109 - 119
Oct. 20, 2022
Class 17 - Medical Malpractice
Pgs. 119 - 128
Oct. 25, 2022
Class 18 - Review No reading
Oct. 27, 2022
Class 19 - No Duty to Rescue or Protect
Pgs. 129 - 143
Nov. 1, 2022
Class 20 - Misrepresentations & Special Duties to Third Parties
Pgs. 143-158
Nov. 3, 2022
Class 21 - Policy Bases for Invoking No Duty
Pgs. 169-184
Nov. 8, 2022
Class 22 - Duties of Landowners and Occupiers
Pgs. 190-205
Nov. 10, 2022
Class 23 - Exam Discussion & Practice Problem
Nov. 15, 2022
Class 24 - Duties of Governmental Entities
Pgs. 227-243
Additional assignment: Do something kind and restorative for yourself.
Nov. 17, 2022
Class 25 - Duty for Purely Emotional Harm
Pgs. 261-268
Nov. 22, 2022
Class 26 - Duty for Purely Emotional Harm (cont.)
Pgs. 276-285