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Cornell Law Review, Issue 4
Cornell Law Review is proud to announce Vol. 105, Issue 4, with Articles and Essays exploring Tort as Private Administration; Justice Scalia’s Campaign Against Legislative History; Corporate Privacy; Product Liability Law; and Student Notes that explore the Racial Gap in Financial Services and a Crime-Fraud Exception to Executive Privilege. Thank you to our amazing authors for their outstanding collaboration and patience with us during the COVID-19 pandemic.
Torts as Private Administration
Nathaniel Donahue, JD/Ph.D. candidate, Yale University, firstname.lastname@example.org
John Fabian Witt, Allen H. Duffy Class of 1960 Professor of Law, Professor of History, and Head of Davenport College, Yale University, email@example.com
What does tort law do? This Article develops an account of the law of torts for the age of settlement. A century ago, leading torts jurists proposed that tort doctrine’s main function was to allocate authority between judge and jury. In the era of the disappearing trial, we propose that tort law’s hidden function is…