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...

This Article, awarded the 2011-12 Liberty Mutual Prize by Boston College Law School, identifies four different conceptions of insurance that have operated in the debates about insurance and insurance law in recent decades, analyzes these conceptions, and examines the normative agendas that drive...

This Article examines the ways in which insurance coverage is incomplete, and the reasons why coverage is incomplete. It argues that, because all insurance policies and all insurance coverage is incomplete, the notions of a “gap” in coverage and “incomplete” coverage typically are...

Insurance coverage disputes are mostly about the correct interpretation of an insurance policy provision. But three myths confuse and confound thinking about the interpretation of insurance policies. The first myth is that an unambiguous insurance policy provision -- a provision with a...