Donald G. Gifford

University of Maryland Francis King Carey School of Law

Professor of Law

500 West Baltimore Street

Baltimore, MD 21201-1786

United States

SCHOLARLY PAPERS

18

DOWNLOADS
Rank 15,627

SSRN RANKINGS

Top 15,627

in Total Papers Downloads

6,486

TOTAL CITATIONS

2

Scholarly Papers (18)

1.

The Death of Causation: Mass Products Torts' Incomplete Incorporation of Social Welfare Principles

Wake Forest Law Review, Vol. 41, 2006, U of Maryland Legal Studies Research Paper No. 2006-11
Number of pages: 85 Posted: 25 Apr 2006
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 2,805 (9,747)

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causation, enterprise liability, mass products torts, workers' compensation, legal history, nineteenth century European social welfare legislation, no-fault, Calaabresi, James, instrumental conception of torts

2.

A Case Study in the Superiority of the Purposive Approach to Statutory Interpretation: Bruesewitz v. Wyeth

South Carolina Law Review, Vol. 64, 2013, U of Maryland Legal Studies Research Paper No. 2012-49
Number of pages: 45 Posted: 04 Sep 2012 Last Revised: 13 Apr 2013
Donald G. Gifford, William L. Reynolds and Andrew Murad
University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law and University of Maryland Francis King Carey School of Law
Downloads 584 (95,889)

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statutory interpretation, textualism, plain meaning rule, purposive approach, purposes and objectives, no-fault compensation, federal preemption, National Childhood Vaccine Injury Act, National Vaccine Injury Compensation Program, Justice Scalia, Justice Breyer, Legal Process School

3.

Technological Triggers to Tort Revolutions: Steam Locomotives, Autonomous Vehicles, and Accident Compensation

Journal of Tort Law (Forthcoming), U of Maryland Legal Studies Research Paper No. 2017-35
Number of pages: 79 Posted: 20 Dec 2017 Last Revised: 17 Mar 2018
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 553 (102,703)

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AI, Artificial Intelligence, Tort, Products Liability, Technological Revolution, No-Fault, Compensation Systems, Personal Injury, Self-Driving, Autonomous Vehicle

4.

The Challenge to the Individual Causation Requirement in Mass Products Torts

U of Maryland Legal Studies Research Paper No. 2005-34
Number of pages: 84 Posted: 04 Apr 2005
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 308 (201,122)

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Causation, Cause in Fact, Product Liability, Mass Torts, Mass Product Torts, Corrective Justice, Instrumental, Market Share Liability, Recoupment, Public Nuisance, Alternative Liability

5.

Apportioning Liability in Maryland Tort Cases: Time to End Contributory Negligence and Joint and Several Liability

Maryland Law Review, Vol. 73, 2014, p. 701-, U of Maryland Legal Studies Research Paper No. 2013-61, Widener Law School Legal Studies Research Paper No. 13-76
Number of pages: 70 Posted: 20 Oct 2013 Last Revised: 22 Jul 2015
Donald G. Gifford and Christopher J. Robinette
University of Maryland Francis King Carey School of Law and Southwestern Law School
Downloads 284 (218,987)

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contributory negligence, comparative negligence, comparative fault, precedent, stare decisis, common law, overruling, legislative inaction, joint and several liability, proportionate liability, several liability, reallocation, contribution, seat belt nonuse, multiple tortfeasors, absent tortfeasors

6.

Market Share Liability Beyond Des Cases: The Solution to the Causation Dilemma in Lead Paint Litigation?

South Carolina Law Review, Vol. 58, 2006, U of Maryland Legal Studies Research Paper No. 2006-10
Number of pages: 70 Posted: 25 Apr 2006
Donald G. Gifford and Paolo Pasicolan
University of Maryland Francis King Carey School of Law and DLA Piper, Rudnick, Gray, Cary, US LLP
Downloads 255 (244,171)

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market share liability, lead paint litigation, products liability, causation

7.

Keeping Cases from Black Juries: An Empirical Analysis of How Race, Income Inequality, and Regional History Affect Tort Law

73 Washington and Lee Law Review 557 (2016), U of Maryland Legal Studies Research Paper No. 2015-32
Number of pages: 96 Posted: 10 Sep 2015 Last Revised: 05 May 2016
Donald G. Gifford and Brian Jones
University of Maryland Francis King Carey School of Law and Villanova University, Sociology
Downloads 245 (254,248)

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torts, jury, race, African American, empirical, Southern history, income inequality, politics

8.

Get a Running Start: Your Comprehensive Guide to the First Year Curriculum (Chapters 3-8)

'Get a Running Start: Your Comprehensive Guide to the First Year Curriculum', West Academic Publishing, (2016), U of Maryland Legal Studies Research Paper No. 2016-33
Number of pages: 30 Posted: 06 May 2016
University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law, University of Maryland - Francis King Carey School of Law, University of Toledo - College of Law, Georgetown University Law Center and University of Maryland Francis King Carey School of Law
Downloads 214 (289,499)

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9.

GPT Gets Its First Law School B-pluses

Number of pages: 3 Posted: 16 Feb 2024
University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law, University of Maryland - Francis King Carey School of Law, University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law and University of Maryland Carey School of Law
Downloads 201 (308,381)

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AI, law

10.

The Peculiar Challenges Posed by Latent Diseases Resulting from Mass Products

U of Maryland, Pub. Law Research Paper No. 2004-09
Number of pages: 70 Posted: 10 May 2004
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 167 (362,437)

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latent diseases, mass product torts, deterrence, loss minimization, loss avoidance, Calabresi, no fault compensation, multiple tortfeasors, market share liability, tobacco, asbestos, childhood lead poisoning

11.

What's on First?: Organizing the Casebook and Molding the Mind

Arizona State Law Journal, Vol. 45, 2013, p. 97-, U of Maryland Legal Studies Research Paper No. 2012-46
Number of pages: 39 Posted: 21 Aug 2012 Last Revised: 12 Jul 2013
University of Maryland Francis King Carey School of Law, University of Maryland - College Park, Villanova University, Sociology and University of Maryland Francis King Carey School of Law
Downloads 155 (386,190)

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law students, judges, frame analysis, tort liability, judicial process, anchoring, casebook, torts casebook, topic sequence

12.

Climate Change and the Public Law Model of Torts: Reinvigorating Judicial Restraint Doctrines

South Carolina Law Review, Vol. 62, p. 201, 2011, U of Maryland Legal Studies Research Paper No. 2010-44
Number of pages: 61 Posted: 10 Sep 2010 Last Revised: 19 Oct 2014
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 154 (388,321)

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climate change, torts

13.

When Originalism Failed: Lessons from Tort Law

Florida State University Law Review, Forthcoming, U of Maryland Legal Studies Research Paper 2023-20
Number of pages: 61 Posted: 01 Dec 2023 Last Revised: 15 May 2024
University of Maryland Francis King Carey School of Law, University of Maryland Francis King Carey School of Law and Southwestern Law School
Downloads 139 (421,727)

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tort history, Dobbs, Bruen, originalism, original meaning, thick originalism, constitutional interpretation,

14.

Impersonating the Legislature: State Attorneys General and Parens Patriae Product Litigation

U of Maryland Legal Studies Research Paper No. 2008-3, Boston College Law Review, Vol. 49, No. 4, p. 913, 2008
Number of pages: 59 Posted: 06 Feb 2008 Last Revised: 17 Nov 2008
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 130 (444,537)
Citation 2

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products litigation, parens patriae litigation, state attorney general, tobacco litigation, lead paint litigation, separation of powers, justiciability, contingent fees, mass products plaintiffs, attorneys

15.

The Constitutional Bounding of Adjudication: A Fuller(ian) Explanation for the Supreme Court's Mass Tort Jurisprudence

Arizona State Law Journal, Vol. 44, 2012, p. 1109+, U of Maryland Legal Studies Research Paper No. 2012-20
Number of pages: 57 Posted: 16 Apr 2012 Last Revised: 12 Apr 2013
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 110 (504,723)

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torts, constitutional law, environment, jurisprudence, litigation, advocacy

16.

Interference with the Democratic Process as Public Nuisance

U of Maryland Legal Studies Research Paper No. 2024-21, Maryland Law Review (Forthcoming 2025)
Number of pages: 52 Posted: 04 Oct 2024
Richard C. Boldt and Donald G. Gifford
University of Maryland Francis King Carey School of Law and University of Maryland Francis King Carey School of Law
Downloads 77 (641,913)

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public nuisance, election interference, January 6th insurrection, 2020 Presidential election, antidemocratic conduct, certifying electoral votes, threatening poll workers, tampering with voting machines, authoritarian tactics

17.

The Death of the Common Law: Judicial Abdication and Contributory Negligence in Maryland

Maryland Law Review Endnotes, Vol. 73, No. 1, 2013, U of Maryland Legal Studies Research Paper No. 2013-40
Number of pages: 20 Posted: 27 Jul 2013
Donald G. Gifford
University of Maryland Francis King Carey School of Law
Downloads 55 (748,215)

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contributory negligence, common law process, overruling, effect of legislative inaction

18.

The Supreme Court, CAFA, and Parens Patriae Actions: Will It Be Principles or Biases?

North Carolina Law Review Addendum, Vol. 92, 2013, U of Maryland Legal Studies Research Paper No. 2013-56
Number of pages: 17 Posted: 23 Sep 2013 Last Revised: 24 Sep 2013
Donald G. Gifford and William L. Reynolds
University of Maryland Francis King Carey School of Law and University of Maryland Francis King Carey School of Law
Downloads 50 (780,464)

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parens patriae, Class Action Fairness Act, CAFA, statutory interpretation, textualist, plain meaning, purposive, purposes and objectives, Justice Scalia, Justice Breyer