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Benjamin C. Zipursky

FLS Faculty Ben Zipursky 240x20 SM

James H. Quinn '49 Chair in Legal Ethics; Professor of Law

Curriculum Vitae
Telephone: 212-636-6106
Email: bzipursky@law.fordham.edu
Office: Room 7-106

Faculty Assistant: Diane Pinero
Email: pinero@law.fordham.edu

Research and Teaching Areas

Torts; Product Liability; Jurisprudence; Professional Responsibility; Defamation and Privacy

Bio

Benjamin C. Zipursky is Professor of Law and James H. Quinn ’49 Chair in Legal Ethics. A member of the Fordham Law School’s faculty since 1995, he has taught as a visitor at Columbia Law School, Harvard Law School, Vanderbilt Law School, and NYU (Philosophy).  In the late 1990s and early 2000s, Professor Zipursky, along with Professor John C.P. Goldberg (Harvard), pioneered Civil Recourse Theory in Tort Theory, and Goldberg and Zipursky are the most widely cited Torts professors in the United States.  Zipursky has published more than one hundred articles, essays, and book chapters in a variety of subjects, including Torts, Jurisprudence, Constitutional Law, Criminal Law, Legal Ethics, and Moral Philosophy. He has lectured extensively in the United States and abroad and is the co-author of a leading casebook, Tort Law: Responsibilities and Redress (5th ed. 2021) (with J. Goldberg, L. Kendrick and A. Sebok) and The Oxford Introductions to U.S. Law: Torts (2010) (with Goldberg), and co-editor of Research Handbook in Private Law Theory (2020) (with H. Dagan).  His most recent book, Recognizing Wrongs (2020) (with J. Goldberg) has been widely acclaimed, and has generated Law and Philosophy symposia on three continents.

Selected Publications

RECOGNIZING WRONGS (Harvard University Press 2020) (with J. Goldberg)

RESEARCH HANDBOOK ON PRIVATE LAW THEORY (ed.)(Elgar 2020) (with H. Dagan)

TORT LAW: RESPONSIBILITIES & REDRESS (Aspen 2021) (5th ed.)  (with J. Goldberg, L. Kendrick & A. Sebok)
 


A Precedent-Based Critique of Legal Positivism, Philosophical Foundations of Precedent, T. Endicott, H. Kristjansson, S. Lewis, eds. (OUP 2022) (with John C.P. Goldberg)
 
Case-Linked Jurisdiction and Busybody States, 105 Minn. L. Rev. Headnotes (2020 Forthcoming)
 

Ziglar v. Abbasi and the Decline of the Right to Redress, 86 Fordham L. Rev. 2167 (2018)

Access to Justice and the Legal Profession in an Era of Contracting Civil Liabilities 86 Fordham L. Rev. 2107 (2018)

The Monsanto Lecture: Online Defamation, Legal Concepts, and the Good Samaritan (2018), 51 Val. U. L Rev. 1

THE SUPREME COURT’S STEALTH RETURN TO THE COMMON LAW OF TORTS, (2016) (with John C.P. Goldberg)

The Strict Liability in Fault and the Fault in Strict Liability,  85 Fordham L. Rev. 743 (2016)

Reasonableness in and out of Negligence Law, 163 U. PA. L. REV. 2131 (2015)

The Fraud-on-the-Market Tort, 66 VAND. L. REV. 1755 (2013) (with J. Goldberg)

The Inner Morality of Private Law, 58 AM. J. OF JURIS. 27 (2013)

Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette, 88 IND. L. REV. 569 (2013) (with J. Goldberg)

Palsgraf, Punitive Damages, and Preemption, 125 HARV. L. REV. 1757 (2012)

Consent v. Closure 96 CORNELL L. REV. 265 (2011) (with H. Erichson

The Easy Case for Products Liability: A Response to Polinsky & Shavell, 123 HARV. L. REV. 1919 (2010) (with J. Goldberg)

Integrity and the Incongruities of Justice: A Review of DANIEL MARKOVITS, A MODERN LEGAL ETHICS: ADVERSARY ADVOCACY IN A DEMOCRATIC AGE, 119 YALE L. J. 1948 (2010) Tort as Wrongs, 88 TEXAS L. REV. 917 (2010)(with J. Goldberg)

Tort as Wrongs, 88 TEXAS L. REV. 917 (2010)(with J. Goldberg)

Practical Perfectionism versus Practical Positivism: The Hart/Fuller Debate at Fifty, 83 N.Y.U. L. REV. 1170 (2008)

Sleight of Hand, 48 WM. & MARY L. REV. 1999 (2007)

A Theory of Punitive Damages, 84 TEX. L. REV. 105 (2005)

Civil Recourse, Not Corrective Justice, 91 GEORGETOWN L. J. 695 (2003)

Pragmatic Conceptualism, 6 LEGAL THEORY 457 (2000)

The Moral of MacPherson (with J. Goldberg), 146 U. PA. L. REV. 1733 (1998)

Rights, Wrongs, and Recourse in the Law of Torts, 51 VAND. L. REV. 1 (1998)