November 26, 2007

Stuart Buck recalls verses he wrote in law school encapsulating one of the most famous of all liability opinions, Learned Hand's in The T.J. Hooper:

Defer to custom? No sirree.
The PL here was more than B.
As any idiot would find,
The industry had lagged behind

We summarize Richard Epstein's seminal article on the case here, and an early version of the article itself can be found here (PDF).