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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 at Fordham Law School, where he holds the James H. Quinn ’49 Chair in Legal Ethics and has twice served as Associate Dean (2001-03; 2010-13). He has taught as a Visiting Professor at Columbia Law School, Harvard Law School, and Vanderbilt Law School. Professor Zipursky is a leading scholar in torts, jurisprudence, and legal ethics, and has published more than sixty articles and chapters on subjects ranging from punitive damages and conflicts of interest in mass tort litigation to the varieties of pragmatism within legal philosophy. He has lectured extensively in the United States and abroad and is the co-author of a leading casebook, TORTS: RESPONSIBILITY AND REDRESS (3d ed. 2012) (with J. Goldberg & A. Sebok) and THE OXFORD INTRODUCTIONS TO LAW: TORTS (2010) (with J. Goldberg).

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)