Research Agenda for Tort Law

Edited by Ellen M. Bublick, Foundation Professor of Law and Civil Justice, Sandra Day O'Connor College of Law, Arizona State University and John C.P. Goldberg, Morgan and Helen Chu Dean and Professor of Law, Harvard Law School, Harvard University, USA

• Contents1 The unexplored: a research agenda for tort law 1Ellen M. Bublick and John C. P. GoldbergPART I Doctrinal frontiers2 Tort law’s lifecycle: the process of recognizing new torts 8James Goudkamp3 Evolving theories of damage or injury in the law ofnegligence 27Donal NolanPART II Tort law in action4 Extend tort principles to tort principals 44Anita Bernstein5 If injuries, compensation systems and injured people reallyexist: tort law in the injury compensation ecosystem 63Kylie Burns6 The dark matter of tort law: exploring the lived experiencesof tort litigants 89Erika Chamberlain7 Streamlined procedures 106Christopher J. Robinette8 Tort liability and insurance 125Kenneth S. Abraham and Catherine M. SharkeyPART III Tort law and technological and theoretical change9 How will machine learning, AI, and new informationtechnologies jostle tort law? 143Jane Bambauer10 Tort law in the age of artificial intelligence: opportunitiesand challenges 158Goh Yihan11 Pouring new wine into old skins: the case of self-drivingcars 180Gregory C. Keating12 Improving nonconsequentialist accounts of negligence andrisky tradeoffs 198Kenneth W. Simons

‘The development of new and potentially disruptive technologies seems to be accelerating just as occurred at the end of the 19th century with the industrial revolutions. Just as tort law played an important role with the new technology of the industrial revolution, tort law will play an important role with today’s (and tomorrow’s) technology. The editors of A Research Agenda for Tort Law have assembled an impressive international cast of torts scholars to consider how the law will assist society in the transformations that are now at our doorstep.’