Kenneth S Abraham, ‘The Liability Revolution That No One Saw Coming’, 78 Florida Law Review (forthcoming 2026), available at SSRN (31 March 2025). At the outset of his very interesting article, ‘The Liability Revolution That No One Saw Coming’, Kenneth Abraham, one of our most distinguished scholars of tort and insurance law, posits an irony concerning predictions about law. As Holmes famously observed, law practice is all about anticipating judicial decisions. Yet, according to Abraham, lawyers – and adjacent actors including insurers and law professors – are not expected to predict, and have not predicted, broader shifts in the legal landscape, some of which have had huge significance. The bulk of the article discusses three broad twentieth-century legal developments: (1) the rise of mass tort law; (2) the expansion of insurers’ coverage costs for liabilities generated by environmental and tort law; and (3) the conclusion of the expansionary phase of American accident law … (more)
[John CP Goldberg, JOTWELL, 12 March 2026]
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