Recently, civil recourse theory has emerged as an attempt to unify tort law around the concept of private wrongs. By arguing that the point of tort law is to empower victims to rectify civil wrongs against them, civil recourse theory offers an elegant means to reduce the plurality of theories that have dominated tort scholarship since the 1970’s. This panel will explore the implications of paring down tort law to civil recourse.  John Goldberg and Benjamin Zipursky, who have been pioneers in developing civil recourse theory will present the concepts and methods of this theory. Guido Calabresi, the 2010 Prosser Award recipient, will explore the implications of deemphasizing loss-spreading and deterrence. Martha Chamallas will examine civil recourse theory drawing upon her work on how race, gender, and class interrelate with tort law developments. Finally, Christopher Robinette will address the question of whether civil recourse can unify the law focusing on whether it is a complete account.  Panelists will also address whether tort law should have a public purpose beyond civil recourse.

Business Meeting at Program Conclusion.

Big environmental disasters like the Gulf Oil Spill and the Exxon Valdez spill require creative remedial solutions.  The extent of the economic losses, the intangibility of environmental harms, and the practical limits of defendants’ resources call for approaches that balance all of the concerns while effectuating justice.  Compensation payment funds, such as the one created after 9/11 and for the BP Oil Spill, are one way to resolve the problem.  Strong deterrent remedies like punitive damages are another approach.  This panel explores the spectrum of remedial approaches that have been considered to address disasters of national impact in the courts, Congress, and alternative compensation systems.

Business Meeting at Program Conclusion.