Kenneth S Abraham and Catherine M Sharkey, ‘The Glaring Gap in Tort Theory’, 133 Yale Law Journal (forthcoming, 2024), available at SSRN (September 27, 2023). Kenneth S Abraham and Catherine M Sharkey’s ‘The Glaring Gap in Tort Theory’ has a dramatic title. The article, which is about the unheralded and unappreciated role that liability insurance plays in tort, promises to make good on two claims – first, that the major (or a major) ‘missing piece’ in modern tort scholarship is liability insurance, and second, once this missing piece is identified, it is impossible to ever see tort law the same way again. It is easy to quibble with both these claims. As to the first, it is worth observing that tort theory has been taken to task by critics for other failures, which also probably are, in the eyes of those critics, ‘glaring’ and demand urgent correction … (more)
[Anthony Sebok, JOTWELL, 5 April 2024]
Leave a Reply