Aaron Twerski

Irwin and Jill Cohen Professor of Law

250 Joralemon Street
Brooklyn, NY 11201
(718) 780-0623 |  Email
Areas of Expertise
Products Liability
Tort Law
Education
B.S., University of Wisconsin
J.D., Marquette University School of Law

Articles

  • Consumer Expectations’ Last Hope: A Response to Professor Kysar, 103 Columbia Law Review 1791 (2003) (with J.A. Henderson)
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  • Judge Jack B. Weinstein, Tort Litigation, and the Public Good: A Roundtable Discussion to Honor One of America’s Great Trial Judges on the Occasion of his 80th Birthday, 12 Journal of Law and Policy 149 (2003)
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  • Asbestos Litigation Gone Mad: Exposure-Based Recovery for Increased Risk, Mental Distress, and Medical Monitoring, 53 South Carolina Law Review 815 (2002) (with J.A. Henderson)
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  • Drug Designs are Different, 11 Yale Law Journal 151 (2001) (with J.A. Henderson)
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  • Intent and Recklessness in Tort: The Practical Craft of Restating Law, 54 Vanderbilt Law Review 1133 (2001) (with J.A. Henderson)
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  • Intuition and Technology in Product Design Litigation: An Essay on Proximate Causation, 88 Georgetown Law Journal 659 (2000) (with J.A. Henderson)
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  • Liability Without Cause? Further Ruminations on Cause-in-Fact as Applied to Handgun Liability, 32 Connecticut Law Review 1379 (2000) (with A.J. Sebok)
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  • One Size Does Not Fit All: The Third Multi-track Restatement of Conflict of Laws, 75 Indiana Law Journal 667 (2000)
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  • The Products Liability Restatement in the Courts: An Initial Assessment, 27 William Mitchell Law Review 7 (2000) (with J.A. Henderson)
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  • Product Design Liability in Oregon and the New Restatement, 78 Oregon Law Review 1 (1999) (with J.A. Henderson)
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  • The Second Revolution in Informed Consent: Comparing Physicians to Each Other, 94 Northwestern University Law Review 1 (1999) (with N.B. Cohen)
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  • What Europe, Japan and Other Countries Can Learn from the New American Restatement of Products Liability, 34 Texas International Law Journal 1 (1999) (with J.A. Henderson)
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  • Achieving Consensus on Defective Product Design, 83 Cornell Law Review 867 (1998) (with J.A. Henderson)
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  • The Politics of the Products Liability Restatement, 26 Hofstra Law Review 667 (1998) (with J.A. Henderson)
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  • Arriving at Reasonable Alternative Design: The Reporters' Travelogue, 30 University of Michigan Journal of Law Reform 563 (1997) (with J.A. Henderson)
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  • Inside the Restatement, 24 Pepperdine Law Review 839 (1997)
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  • A Sheep in Wolf's Clothing: Territorialism in the Guise of Interest Analysis in Cooney v. Osgood Machinery, Inc., 59 Brooklyn Law Review 1351 (1994)
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  • Punitive Damages Awards in Product Liability Litigation: Strong Medicine or Poison Pill - Introduction, 39 Villanova Law Review 353 (1994)
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  • From a Reporter's Perspective: A Proposed Agenda, 10 Touro Law Review 5 (1993)
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  • Will a New Restatement Help Settle Troubled Waters: Reflections, 42 American University Law Review 1257 (1993) (with J.A. Henderson)
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  • A Proposed Revision of Section 402A of the Restatement (Second) of Torts, 77 Cornell Law Review 1512 (1992) (with J.A. Henderson)
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  • Comparing Medical Provider Performance: A First Look at the New Era of Medical Statistics, 58 Brooklyn Law Review 5 (1992) (with N.B. Cohen)
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  • The Unworkability of Court-Made Enterprise Liability: A Reply to Geistfeld, 67 New York University Law Review 1174 (1992) (with J.A. Henderson)
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  • Closing the American Products Liability Frontier: The Rejection of Liability Without Defect, 66 New York University Law Review 1263 (1991) (with J.A. Henderson)
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  • Some Obvious Truths about Obvious Danger Warnings, 19 Product. Safety & Liability Report (BNA) 877 (1991) (with J.A. Henderson)
  • Star Gazing: The Future of American Products Liability Law, 66 New York University Law Review 1332 (1991) (with J.A. Henderson)
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  • Doctrinal Collapse in Products Liability: The Empty Shell of Failure to Warn, 65 New York University Law Review 601 (1990) (with J.A. Henderson)
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  • State Choice of Law in Mass Tort Cases: A Response to 'A View from the Legislature, 73 Marquette Law Review 625 (1990) (with R.A. Sedler)
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  • The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, 73 Marquette Law Review 76 (1990) (with R.A. Sedler)
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  • Market Share - A Tale of Two Centuries, 55 Brooklyn Law Review 869 (1989)
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  • The Baby Swallowed the Bathwater: A Rejoinder to Professor Wright, 22 University of California at Davis Law Review 1161 (1989)
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  • The Joint Tortfeasor Legislative Revolt: A Rational Response to the Critics, 22 University of California at Davis Law Review 1125 (1989)
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  • Informed Decision-Making and the Law of Torts: The Myth of Justiciable Causation, 1988 University of Illinois Law Review 607 (1988) (with N.B. Cohen) (reprinted in 12 Journal of Products Liability 133 (1989))
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  • Caution Governs Liability Rulings: Review of New York Court of Appeals Torts Decisions in the 1986-87 Term, 15 New York Law Journal (1987)
  • With Liberty and Justice for All: An Essay on Agent Orange and Choice of Law, 52 Brooklyn Law Review 341 (1986)
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  • A Moderate and Restrained Federal Product Liability Bill: Targeting the Crisis Areas for Resolution, 18 University of Michigan Journal of Law Reform 575 (1985)
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  • From Risk-Utility to Consumer Expectations: Enhancing the Role of Judicial Screening in Product Liability Litigation, 11 Hofstra Law Review 861 (1983)
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  • The Federal Product Liability Bill: The Professor's View, 15 Trial Lawyers Quarterly 19 (1983)
  • National Product Liability Legislation: In Search for the Best of All Possible Worlds, 18 Idaho Law Review 411 (1982)
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  • Seizing the Middle Ground Between Rules and Standards in Design Defect Litigation: Advancing Directed Verdict Practice in the Law of Tort, 57 New York University Law Review 521 (1982) (reprinted in 6 Journal of Products Liability 297 (1982))
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  • In Defense of Process, 56 New York University Law Review 616 (1981) (with others)
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  • On Territoriality and Sovereignty: System Shock and Constitutional Choices of Law, 10 Hofstra Law Review 149 (1981)
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  • Post-Accident Design Modification Evidence in a Manufacturing Defect Setting: Strict Liability and Beyond," 4 Journal of Products Liability 143 (1981)
  • Selective Use of Comparative Fault in Product Liability, 16 Trial 30 (1980)
  • Shifting Perspective in Product Liability: From Quality to Process Standards, 55 New York University Law Review 347 (1980) (with others)
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  • Rebuilding the Citadel -- The Legislative Assault on the Common Law, 15 Trial 55 (1979)
  • Multistate Conflict-of-Law Rules: Continuing the Dialogue with Professors Trautman and Sedler, 7 Hofstra Law Review 805 (1979) (with R. Mayer)
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  • Toward a Pragmatic Solution of Choice-of-Law Problems: At the Interface of Substance and Procedure, 74 Northwestern University Law Review 781 (1979) (with R.G. Mayer)
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  • A Critique of the Uniform Product Liability Law -- A Rush to Judgment, 28 Drake Law Review 221 (1978) (with A.S. Weinstein)
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  • The Many Faces of Misuse: An Inquiry into the Emerging Doctrine of Comparative Causation" 22 Trial Lawyers Guide 289 (1978) (reprinted in 29 Mercer Law Review 403 (1978))
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  • From Defect to Cause to Comparative Fault -- Rethinking Some Product Liability Concepts, 60 Marquette Law Review 297 (1977)
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  • The Use and Abuse of Comparative Negligence in Products Liability, 10 Indiana Law Review 797 (1977)
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  • On Reading Cramton, Currie & Kay -- Reflections and Prophecies for the Age of Interest Analysis, 61 Cornell Law Review 1045 (1976)
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  • The Use and Abuse of Warnings in Products Liability -- Design Defect Litigation Comes of Age, 61 Cornell Law Review 495 (1976) (with others)
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  • Products Litigation, 3 ASTM Standardization News (1975)
  • Product Liability and the Technical Expert, Science 1083 (1974)
  • From Codling to Bolm to Velez: Triptych of Confusion, 2 Hofstra Law Review 489 (1974)
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  • Old Wine in a New Flask -- Restructuring Assumption of Risk in the Product Liability Era, 60 Iowa Law Review 1 (1974)
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  • Product Liability: A Study of the Interaction of Law and Technology, 12 Duquesne Law Review 425 (1974)
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  • The Technological Expert in Products Liability Litigation, 52 Texas Law Review 1303 (1974)
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  • Neumeier v. Kuehner: Where are the Emperor's Clothes?, 1 Hofstra Law Review 104 (1973)
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  • To Where Does One Attach the Horses?, 61 Kentucky Law Journal 393 (1973)
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  • Choice of Law in Contracts: Some Thoughts on the Weintraub Approach," 57 Iowa Law Review 1239 (1972)
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  • Debate, The Right to Treatment: Encounter and Synthesis, 110 Duquesne Law Review 554 (1972)
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  • Common Sense and Conflict of Laws: A Welcome Change, 38 Insurance Counsel Journal 339 (1971)
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  • A Return to Jurisdictional Due Process: The Case for the Vanishing Defendant, 8 Duquesne. Law Review 220 (1969/70) (reprinted in 37 Insurance Counsel Journal 265 (1970))
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  • Court Scrutiny of Medical Commitment: Collusion on Delusion, 118 Pittsburg Legal Journal 10 (1970)
  • Enlightened Territorialism and Professor Cavers: The Pennsylvania Method, 9 Duquesne Law Review 373 (1970)
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  • Treating the Untreatable: A Critique of the Proposed Pennsylvania Right to Treatment Law, 9 Duquesne Law Review 220 (1970)
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  • Commentary, An Ode to Rejection, 7 Duquesne Law Review 258 (1968)
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  • The Independent Doctrine of Ratification v. the Restatement and Mr. Seavey, 42 Temple Law Quarterly 1 (1968)
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Books

  • Products Liabililty: Problems and Process (Aspen, 6th ed. 2008, 5th ed. 2004, 4th ed. 2000, 3d ed. 1997, 2d ed. 1992, 1st ed. 1987) (with J. A. Henderson)
  • Torts: Cases and Materials (Aspen, 2d ed. 2008, 1st ed. 2003) (with J.A. Henderson)
  • Restatement of the Law, Third, Torts: Products Liability. Tentative Drafts (1994) (with J.A. Henderson)
  • A Summary Analysis of Conflict of Laws (Bracton Press 1978)
  • Products Liability and the Reasonable Safe Product (Wiley & Sons, 1978) (with A.S. Weinstein)
  • Cases on Products Liability (2d ed. 1974, 1st ed. 1972)

Contributions to Books

  • Comparative Negligence and Conflict of Laws, in Comparative Negligence (Alan D. Budman ed., Matthew Bender, 1994)

Shorter Works

  • A Fictional Tale of Unintended Consequences: A Response to Professor Wertheimer, 70 Brooklyn Law Review 939 (2005) (with J. A. Henderson)
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  • Uncertainty and Informed Choice: Unmasking Daubert, 104 Michigan Law Review 257 (2005)
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Working Papers

  • The Cleaver, the Violin and the Scalpel: Duty and the Restatement (Third) of Torts, 60 Hastings Law Journal 1 (2008)
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