The Yale Law Journal Online: Mistakes, Misunderstandings, and Misalignments

The Yale Law Journal Online has just published Mistakes, Misunderstandings, and Misalignments, in which Jules L. Coleman responds to Ariel Porat’s October 2011 Yale Law Journal article, Misalignments in Tort Law. In the YLJO essay, Coleman argues that the “misalignments” identified by Porat are in fact consistent with the normative structure of tort law. As Coleman writes: “[T]ort law has its own standard of alignment that is independent of efficiency. Indeed, it is independent of any particular theory of tort law or of any particular aim or goal of tort law.” Coleman points out that Porat’s efficiency-oriented approach is common in tort law literature, so although his response focuses primarily on Porat’s article, his objections are widely applicable.

Preferred citation: Jules L. Coleman, Mistakes, Misunderstandings, and Misalignments, 121 YALE L.J. ONLINE 541 (2012),

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