The John G. Fleming Lecture: A Brief History of Accident Law – Tort and the Administrative State
Publication Date:March 01, 2012
This article is a slightly revised version of the inaugural John G. Fleming Lecture, presented at the University of California Berkeley School of Law on October 24, 2011. The article offers a brief thematic development of the history of accident law in the United States, focusing on the evolution of both tort and the administrative state, as well as the interplay between these two systems of protection against the risks and consequences of physical harm. In particular, I address developments over the course of four distinct periods: The early Industrial Era through the close of the nineteenth century; the twentieth century to the mid-1960s; the mid-1960s to 1980; and the late twentieth century to the present day.