Stephen Sugarman and the World of Responsibility for Injurious Conduct

109 Cal. L. Rev. 369 (2021)

Stanford Public Law Working Paper Forthcoming

11 Pages Posted: 21 Apr 2021

Date Written: April 21, 2021

Abstract

For a festschrift celebrating the scholarship of Professor Stephen Sugarman, I was asked to discuss his contributions to the area of accident law. Professor Sugarman’s published work runs across the spectrum of responsibility for injurer-based harm, embracing intentional misconduct, fault-based recovery, strict liability, no-fault compensation schemes, and social insurance. In addition to this wide-ranging and cogent analysis of approaches to liability and compensation, Sugarman has complemented his system-based work with perspectives from the vantage points of history, public policy formation, and jurisprudential assessment of tort and tort alternatives.

My coverage unfolds as follows. I begin with Sugarman’s landmark initial excursion into the world of tort law in which he advocated the replacement of tort with a social insurance scheme. Next, I discuss his more focused tort replacement studies in the world of no-fault liability. Then, I examine his critiques of tort doctrine and his interdisciplinary approaches to the system, which include historical and jurisprudential perspectives. I conclude on a personal note.

Suggested Citation

Rabin, Robert L., Stephen Sugarman and the World of Responsibility for Injurious Conduct (April 21, 2021). 109 Cal. L. Rev. 369 (2021), Stanford Public Law Working Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3831449

Robert L. Rabin (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
650-723-3073 (Phone)
650-725-0253 (Fax)

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