Aaron Twerski

Warranty, Product Liability and Transaction Structure: The Problem of Amazon, 15 Brooklyn Journal of Corporate, Financial & Commercial Law 49 (2020) (with Edward Janger)

An Essay on the Quieting of Products Liability Law, 105 Cornell L. Rev. 101 (2020)

The Heavy Hand of Amazon: A Seller Not a Neutral Platform, 14 Brooklyn Journal of Corporate Financial & Commercial Law 259 (2020) (with Edward Janger)

The Demise of Drug Design Litigation: Death by Federal Preemption, 68 American University Law Review 281 (2018)

Bringing the Science of Policing to Liability for Third-Party Crime at Shopping Malls, 101 Marquette Law Review 775 (2018)

Drug Design Liability: Farewell to Comment K, 67 Baylor Law Review 521 (2015) (with James A. Henderson, Jr.)

Extending Comparative Fault to Apparent and Implied Consent Cases, 82 Brooklyn Law Review 217 (2016) (with N. Farber)

Sufficiency of the Evidence Does Not Meet Daubert Standards: A Critique of the Green-Sanders Proposal, 23 Widener Law Journal 641 (2014) (Symposium Edition on Class Actions) (with Lior Sapir)

Optional Safety Devices: Delegating Design Responsibility to the Market (with James A Henderson, Jr.), 45 Arizona State Law Journal 1399 (2014)

The 9/11 Litigation Database: A Recipe for Judicial Management (with Judge Alvin K. Hellerstein and James A. Henderson Jr.), 90 Washington University Law Review 653 (2013)

Managerial Judging: The 9/11 Responders’ Tort Litigation (with Judge Alvin K. Hellerstein and James A. Henderson, Jr.) 98 Cornell Law Review 127 (2012)

Reaching Equilibrium in Tobacco Litigation, (with James A. Henderson, Jr.) 62 South Carolina Law Review 67 (2010)

Resolving the Dilemma of Non-Justiciable Causation in Failure to Warn Litigation (with Neil B. Cohen), 84 Southern California Law Review 125 (2010)

Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins, 44 Wake Forest Law Review 997 (2009)

Chasing the Illusory Pot of Gold at the End of the Rainbow: Negligence and Strict Liability in Design Defect Litigation, 90 Marquette Law Review 7 (2006)

From the Wrong End of the Telescope: A Response to Professor David Bernstein, (with Margaret A. Berger) 104 Michigan Law Review 1983 (2006)

Liability For Direct Advertising of Drugs to Consumers: An Idea Whose Time Has Not Come, 33 Hofstra Law Review 1149 (2005)

Consumer Expectations’ Last Hope: A Response to Professor Kysar, 103 Columbia Law Review 1791 (2003) (with J.A. Henderson)

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)

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)

Drug Designs are Different, 11 Yale Law Journal 151 (2001) (with J.A. Henderson)

Intent and Recklessness in Tort: The Practical Craft of Restating Law, 54 Vanderbilt Law Review 1133 (2001) (with J.A. Henderson)

Intuition and Technology in Product Design Litigation: An Essay on Proximate Causation, 88 Georgetown Law Journal 659 (2000) (with J.A. Henderson)

Liability Without Cause? Further Ruminations on Cause-in-Fact as Applied to Handgun Liability, 32 Connecticut Law Review 1379 (2000) (with A.J. Sebok)

One Size Does Not Fit All: The Third Multi-track Restatement of Conflict of Laws, 75 Indiana Law Journal 667 (2000)

The Products Liability Restatement in the Courts: An Initial Assessment, 27 William Mitchell Law Review 7 (2000) (with J.A. Henderson)

Product Design Liability in Oregon and the New Restatement, 78 Oregon Law Review 1 (1999) (with J.A. Henderson)

The Second Revolution in Informed Consent: Comparing Physicians to Each Other, 94 Northwestern University Law Review 1 (1999) (with N.B. Cohen)

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)

Achieving Consensus on Defective Product Design, 83 Cornell Law Review 867 (1998) (with J.A. Henderson)

The Politics of the Products Liability Restatement, 26 Hofstra Law Review 667 (1998) (with J.A. Henderson)

Arriving at Reasonable Alternative Design: The Reporters' Travelogue, 30 University of Michigan Journal of Law Reform 563 (1997) (with J.A. Henderson)

Inside the Restatement, 24 Pepperdine Law Review 839 (1997)

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)

Punitive Damages Awards in Product Liability Litigation: Strong Medicine or Poison Pill - Introduction, 39 Villanova Law Review 353 (1994)

From a Reporter's Perspective: A Proposed Agenda, 10 Touro Law Review 5 (1993)

Will a New Restatement Help Settle Troubled Waters: Reflections, 42 American University Law Review 1257 (1993) (with J.A. Henderson)

A Proposed Revision of Section 402A of the Restatement (Second) of Torts, 77 Cornell Law Review 1512 (1992) (with J.A. Henderson)

Comparing Medical Provider Performance: A First Look at the New Era of Medical Statistics, 58 Brooklyn Law Review 5 (1992) (with N.B. Cohen)

The Unworkability of Court-Made Enterprise Liability: A Reply to Geistfeld, 67 New York University Law Review 1174 (1992) (with J.A. Henderson)

Closing the American Products Liability Frontier: The Rejection of Liability Without Defect, 66 New York University Law Review 1263 (1991) (with J.A. Henderson)

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)

Doctrinal Collapse in Products Liability: The Empty Shell of Failure to Warn, 65 New York University Law Review 601 (1990) (with J.A. Henderson)

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)

The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, 73 Marquette Law Review 76 (1990) (with R.A. Sedler)

Market Share - A Tale of Two Centuries, 55 Brooklyn Law Review 869 (1989)

The Baby Swallowed the Bathwater: A Rejoinder to Professor Wright, 22 University of California at Davis Law Review 1161 (1989)

The Joint Tortfeasor Legislative Revolt: A Rational Response to the Critics, 22 University of California at Davis Law Review 1125 (1989)

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))

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)

A Moderate and Restrained Federal Product Liability Bill: Targeting the Crisis Areas for Resolution, 18 University of Michigan Journal of Law Reform 575 (1985)

From Risk-Utility to Consumer Expectations: Enhancing the Role of Judicial Screening in Product Liability Litigation, 11 Hofstra Law Review 861 (1983)

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)

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))

In Defense of Process, 56 New York University Law Review 616 (1981) (with others)

On Territoriality and Sovereignty: System Shock and Constitutional Choices of Law, 10 Hofstra Law Review 149 (1981)

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)

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)

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)

A Critique of the Uniform Product Liability Law -- A Rush to Judgment, 28 Drake Law Review 221 (1978) (with A.S. Weinstein)

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))

From Defect to Cause to Comparative Fault -- Rethinking Some Product Liability Concepts, 60 Marquette Law Review 297 (1977)

The Use and Abuse of Comparative Negligence in Products Liability, 10 Indiana Law Review 797 (1977)

On Reading Cramton, Currie & Kay -- Reflections and Prophecies for the Age of Interest Analysis, 61 Cornell Law Review 1045 (1976)

The Use and Abuse of Warnings in Products Liability -- Design Defect Litigation Comes of Age, 61 Cornell Law Review 495 (1976) (with others)

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)

Old Wine in a New Flask -- Restructuring Assumption of Risk in the Product Liability Era, 60 Iowa Law Review 1 (1974)

Product Liability: A Study of the Interaction of Law and Technology, 12 Duquesne Law Review 425 (1974)

The Technological Expert in Products Liability Litigation, 52 Texas Law Review 1303 (1974)

Neumeier v. Kuehner: Where are the Emperor's Clothes?, 1 Hofstra Law Review 104 (1973)

To Where Does One Attach the Horses?, 61 Kentucky Law Journal 393 (1973)

Choice of Law in Contracts: Some Thoughts on the Weintraub Approach," 57 Iowa Law Review 1239 (1972)

Debate, The Right to Treatment: Encounter and Synthesis, 110 Duquesne Law Review 554 (1972)

Common Sense and Conflict of Laws: A Welcome Change, 38 Insurance Counsel Journal 339 (1971)

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))

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)

Treating the Untreatable: A Critique of the Proposed Pennsylvania Right to Treatment Law, 9 Duquesne Law Review 220 (1970)

Commentary, An Ode to Rejection, 7 Duquesne Law Review 258 (1968)

The Independent Doctrine of Ratification v. the Restatement and Mr. Seavey, 42 Temple Law Quarterly 1 (1968)

Cases and Materials on the Law of Torts (West 4th ed. 2017) (with James A. Henderson, Jr. and W. Bradley Wendell)

A Taste of Choice of Law: Cases and Materials, (with Neil B. Cohen) West Casebook Series (to be published 2014)

Torts: Cases and Materials (Aspen, 4th ed. 2016, 3d ed. 2012, 2d ed. 2008, 1st ed. 2003) (with J.A. Henderson)

Products Liabililty: Problems and Process (Aspen, 8th ed. 2016, 7th ed. 2011, 6th ed. 2008, 5th ed. 2004, 4th ed. 2000, 3d ed. 1997, 2d ed. 1992, 1st ed. 1987) (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)

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

A Career in Law That Almost Didn't Happen, New York Law Journal (Jan. 19, 2016)

Uncertainty and Informed Choice: Unmasking Daubert, 104 Michigan Law Review 257 (2005)

A Fictional Tale of Unintended Consequences: A Response to Professor Wertheimer, 70 Brooklyn Law Review 939 (2005) (with J. A. Henderson)

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