Torts have names for a reason. A tort without a name would very nearly be a contradiction in terms, because it would not describe itself. But torts do not always get names immediately upon birth. Typically, it takes some time to recognize what they are, because they are in search of an identity...

This article discusses the origins and development of tort law in late nineteenth and early twentieth century America. It simultaneously considers tort law as an independent common law field, a subject taught in law schools, and an area of growing litigation. It attempts to delineate the various...

This is Chapter Two of Law in American History: Volume One, From the Colonial Years Through the Civil War. The book’s purpose is to explore the relationship of law to some central themes of American history from the initial colonial settlements through the conclusion of the Civil War. The...