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Our History: Former Faculty: O'Connell, Jeffrey (1980-2012)

Tenured faculty at the University of Virginia School of Law through its history.

Jeffrey O'Connell, 1980-2012

Jeffrey O'Connell

Jeffrey O’Connell joined the faculty of the University of Virginia School of Law in 1980, teaching insurance and torts until his retirement in 2012. He devoted much of his remarkable career to reforming the laws governing car insurance. While working as a law professor at the University of Illinois in the 1960s, O’Connell became interested in finding ways to diminish lawsuits involving car insurance, providing policyholders with more efficient and comprehensive coverage. O’Connell’s 1965 Basic Protection for the Traffic Victim, co-authored with Robert E. Keeton, promoted “no fault” automobile insurance, a policy ultimately adopted by sixteen states. Later in his career, O'Connell designed an "early offers" plan where businesses facing personal injury lawsuits could promptly pay injured parties for out-of-pocket medical expenses and lost wages.

After O'Connell graduated from Harvard Law School, he was a trial lawyer in Boston with the firm of Hale & Dorr. He came to Virginia in 1980 after 16 years at the University of Illinois. He also taught at the University of Iowa and was a visiting professor at Northwestern, the University of Michigan, Southern Methodist University, the University of Texas at Austin, the University of Washington, and Oxford and Cambridge universities in England. He was the recipient of Guggenheim fellowships in 1973 and 1979. In 1989 he was the Thomas Jefferson Visiting Fellow at Downing College, Cambridge University and, in 1991, the John Marshall Harlan Visiting Distinguished Professor at New York Law School. In 1992 he received the Robert B. McKay Award for Tort and Insurance Scholarship from the American Bar Association. O'Connell served on the board of directors of Consumers Union, the Educational Advisory Board of the John Simon Guggenheim Memorial Foundation, and the Medical and Safety Committee of the NCAA. He wrote or co-wrote 12 books dealing with accident law, published dozens of articles on tort and insurance law, and lectured extensively throughout the United States and the world. O’Connell died in 2013.

Publications

Books

The Blame Game: Injuries, Insurance and Injustice (with C. Brian Kelly) (Lexington Books, 1987).

 Rethinking Contingency Fees: A Proposal to Align the Contingency Fee System with its Policy Roots and Ethical Mandates (with Lester Brickman and Michael J. Horowitz) (Manhattan Institute, 1994).

Accidental Justice: The Dilemmas of Tort Law (with Peter A. Bell) (Yale University Press, 1997).

Evaluation of Early Offer Reform of Medical Malpractice Claims: Final Report (with Joni Hersch and W. Kip Viscusi) (U.S. Dept. Of Health and Human Services, 2006).

Friendships Across Ages: Johnson and Boswell; Holmes and Laski (with Thomas E. O’Connell) (Lexington Books, 2008).

A Recipe for Balanced Tort Reform: Early Offers with Swift Settlements (with Christopher J. Robinette) (Carolina Academic Press, 2008).

Political and Legal Adventurers: from Marx to Moynihan (with Thomas E. O’Connell) (Carolina Academic Press, 2009).

Five 20th-Century College Presidents: From Butler to Bok (Plus Summers) (with Thomas E. O’Connell) (Carolina Academic Press, 2012). 

 Articles and Book Chapters

The Five Roles of the Law School Dean: Leader, Manager, Energizer, Envoy, Intellectual (with Thomas E. O’Connell), 29 Emory L.J. 605-679 (1980).

Overcoming Legal Barriers to the Transfer of Third-Party Tort Claims as a Means of Financing First-Party No-Fault Insurance (with Janet Beck), 58 Wash. U. L.Q. 55-83 (1980).

A Proposal to Abolish Defendants’ Payment for Pain and Suffering in Return for Payment of Claimants’ Attorney’s Fees, 1981 U. Ill. L. Rev. 333-369; excerpts printed in Best’s Rev (Prop./Casualty), Apr. 1982, at 19-20, 22, 24-25, 90-91.

Offers That Can’t Be Refused: Foreclosure of Personal Injury Claims by Defendants’ Prompt Tender of Claimants’ Net Economic Losses, 77 Nw. U. L. Rev. 589-632 (1982); abridged adaptation published as Foreclosing Claims for Personal Injury from Toxic Substances by Defendants’ Tender of Claimants’ Net Economic Losses, 2 Va. J. Nat. Resources L. 203-211 (1982); excerpts published in Best’s Rev. (Prop./Casualty), Dec. 1982, at 12, 14, 124-128.

A Canadian Proposal for No-Fault Benefits Financed by Assignments of Tort Rights (with Craig Brown), 33 U. Toronto L.J. 434-459 (1983).

Payment for Pain and Suffering Through History (with Keith Carpenter), 50 Ins. Couns. J. 411-417 (1983).

Foreclosing Medical Malpractice Claims by Prompt Tender of Economic Loss (with Henson Moore), 44 La. L. Rev. 1267-1287 (1984).

No-Fault Insurance for Vaccine Related Injuries, 2 Vaccine 173-176 (1984).

Preaccident Commitments of Post Accident Settlement Offers, 3 J. Prod. L. 65-75 (1984).

Torts, in Looking at Law School: A Student Guide from the Society of American Law Teachers 174-188 (Stephen Gillers ed., rev. and expanded ed., New American Library, 1984).

The House of Truth: Home of the Young Frankfurter and Lippmann (with Nancy Dart), 35 Cath. U. L. Rev. 79-95 (1985).

The “Neo No-Fault” Alternative, 112 Va. Med. 239-243 (1985).

A “Neo No-Fault” Contract in Lieu of Tort: Preaccident Guarantees of Postaccident Settlement Offers, 73 Cal. L. Rev. 898-916 (1985); abridged version published as A Way Out of the Litigation Jungle, Best’s Rev. (Prop./Casualty), Dec. 1984, at 22, 24, 26, 28.

Potential Liability for Transfusion-Associated AIDS (with Patti J. Miller, Andrew Leipold and Richard P. Wenzel), 253 JAMA 3419-3424 (1985).

AIDS: Public Health and Private Rights – A Panel Discussion (with James F. Childress, Michael F. Rein and Richard P. Keeling), Pharos, Summer 1986, at 32-37.

Alternatives to the Tort System for Personal Injury, 23 San Diego L. Rev. 17-35 (1986).

Bhopal, the Good Lawyer, and the American Law School: A Torts (and Insurance) Professor’s Perspective, 36 J. Legal Educ. 311-316 (1986).

Compensation for Injury & Illness: An Update of the Conard-Morgan Tabulations (with Jay Barker), 47 Ohio St. L.J. 913-949 (1986).

Giving Motorists a Choice Between Fault and No-Fault Insurance (with Robert J. Joost), 72 Va. L. Rev. 61-89 (1986); abridged version published at Nat’l Underwriter (Prop./Casualty), Mar. 14, 1986, at 17, 20-21.

Neo No-Fault Insurance, Issues Sci. & Tech., Fall 1986, at 49-53.

Neo-No-Fault Remedies for Medical Injuries: Coordinated Statutory and Contractual Alternatives, Law & Contemp. Probs., Spring 1986, at 125-141.

Balanced Proposals for Product Liability Reform, 48 Ohio St. L.J. 317-328 (1987); reprinted in 1988 Personal Injury Rev. 451-467.

Bhopal: Income Redistribution?, in Issues in Compensatory Justice: The Bhopal Accident 25-30 (R.S. Khare ed., University of Virginia Center for Advanced Studies, 1987).

From Doctor Johnson to Justice Holmes to Professor Laski (with Thomas E. O’Connell), 46 Md. L. Rev. 320-338 (1987).

Into the Insurance Mess – and Out, 87 Pub. Interest 95-109 (1987).

North America’s Most Ambitious No-Fault Law: Quebec’s Auto Insurance Act (with Charles Tenser), 24 San Diego L. Rev. 917-928 (1987).

Tort Versus No-Fault: Compensation and Injury Prevention, 19 Accident Analysis & Prevention 63-71 (1987).

An America’s Cup for Tort Reform? Australia and America Compared (with David Partlett), 21 U. Mich. J.L. Ref. 443-487 (1988).

A Correct Diagnosis of the Ills of Liability Insurance – and a False Cure: A Comment on the Reports of the Federal Tort Policy Working Group, 63 Notre Dame L. Rev. 161-178 (1988).

An Irrational Combination: The Relative Expansion of Liability Insurance and Contraction of Loss Insurance (with James Guinivan), 49 Ohio St. L.J. 757-771 (1988).

Neo-No-Fault: A Fair-Exchange Proposal for Tort Reform, in New Directions in Liability Law 186-195 (Walter Olson ed., Academy of Political Science, 1988).

Pragmatic Constraints to Market Approaches: A Response to Professor Epstein, 74 Va. L. Rev. 1475-1483 (1988).

Reforming New Zealand’s Reform: Accident Compensation Revisited (with Craig Brown and Margaret Vennell), 1988 N.Z. L.J. 399-402.

Must Health and Disability Insurance Subsidize Wasteful Injury Suits?, 41 Rutgers L. Rev. 1055-1065 (1989).

Neo No-Fault: Settling for Economic Losses, in Medical Malpractice Solutions: Systems and Proposals for Injury Compensation 91-101 (M. Martin Halley et al. ed., Thomas, 1989).

No-Fault Auto Insurance: Back by Popular (Market) Demand?, 26 San Diego L. Rev. 993-1015 (1989).

The Diverse Doctor Johnson: Among Other Things, a Lawyer’s Lawyer (with Thomas E. O’Connell), 65 Notre Dame L. Rev. 617-648 (1990).

A Draft Bill to Allow Choice Between No-Fault and Fault-Based Auto Insurance, 27 Harv. J. on Legis. 143-171 (1990).

A Model Bill Allowing Choice Between Auto Insurance Payable with and without Regard to Fault (with Commentary Coauthored by Robert Joost), 51 Ohio St. L.J. 947-983 (1990); excerpt reprinted as Giving Drivers a Coverage Choice, Best’s Rev.(Prop./Casualty), Feb. 1991, at 26-28, 91.

A Model Bill (and Commentary Thereon) Allowing Choice of Coverage under Michigan’s No-Fault Auto Insurance Law, 17 J. Legis. 155-166 (1991).

Two-Tier Tort Law: Neo No-Fault & Quasi-Criminal Liability, 27 Wake Forest L. Rev. 871-894 (1992).

Consumer Choice in the Auto Insurance Market (with Stephen Carroll, Michael Horowitz, and Allan Abrahamse), 52 Md. L. Rev. 1016-1062 (1993); excerpts reprinted in Automobile Insurance Reform 100-109 (Joint Economic Committee, U.S. Congress, Hearing, Mar. 19, 1997).

A Lost Opportunity: A Review of the American Law Institute’s Reporters’ Study on Enterprise Liability for Personal Injury (with Chad M. Oldfather), 30 San Diego L. Rev. 307-332 (1993).

No-Fault: Yesterday, Today & Tomorrow, No-Fault and Uninsured Motorist Automobile Insurance 5A-1 to 5A-99 (Matthew Bender, 1993).

Reforming Both Liability and Health Insurance, 3 Kan. J.L. & Pub. Pol’y 106-112 (1993-94).

Blending Reform of Tort Liability and Health Insurance: A Necessary Mix, 79 Cornell L. Rev. 1303-1338 (1994).

An Index and Table of Contents to the ALI Reporter’s Study on Enterprise Responsibility for Personal Injury (with Alexander S. Glovsky), 31 San Diego L. Rev. 665-727 (1994).

Allowing Motorists a Choice to Be Legally Uninsured by Surrendering Tort Claims for Noneconomic Loss (with Some Further Thoughts on Choices Between PIP and Tort Coverage), 1 Conn. Ins. L.J. 33-66 (1995).

Consumer Choice in the North Carolina Auto Insurance Market (with others), 19 Campbell L. Rev. 67-83 (1996).

The McConnell Tort Reform Bill, 1 Mich. L. & Pol’y Rev. 111-120 (1996).

The Beam in Thine Eye: Judicial Attitudes Toward “Early Offer” Tort Reform (with Ralph M. Muoio), 1997 U. Ill. L. Rev. 491-517.

“Choice Auto Insurance”: Do Theories of Justice Require Linkage Between Injurers and the Injured? (with Christopher J. Robinette), 1997 U. Ill. L. Rev. 1109-1138.

Consumer Choice in the Oklahoma Auto Insurance Market (with others), 22 Okla. City U. L. Rev. 589-609 (1997).

Consumer Choice in the Tennessee Auto Insurance Market (with others), 27 U. Memphis L. Rev. 539-558 (1997).

Consumer Choice in the Virginia Auto Insurance Market (with others), Va. B. Ass’n J., Fall 1997, at 16-20.

How Reliable Is Medical Malpractice Law?: A Review of “Medical Malpractice and the American Jury: Confronting the Myths about Jury Incompetence, Deep Pockets, and Outrageous Damage Awards” by Neil Vidmar (with Christopher Pohl), 12 J.L. & Health 359-379 (1997-98).

Consumer Choice in the Minnesota Auto Insurance Market (with others), 24 Wm. Mitchell L. Rev. 825-837 (1998).

Early Offers as Contingent Fee Reform, 47 DePaul L. Rev. 413-419 (1998).

The Effect of Allowing Motorists to Opt Out of Tort Law in the United States (with others), 39 Cahiers de Droit 599-612 (1998).

HMO’s, Cost Containment, and Early Offers: New Malpractice Threats and a Proposed Reform (with James F. Neale), 14 J. Contemp. Health L. & Pol’y 287-314 (1998).

Binding Early Offers as a Simple, if Second-Best, Alternative to Tort Law (with Geoffrey Paul Eaton), 78 Neb. L. Rev. 858-879 (1999).

Judges and Real Tort Reform Concerning Uncertainty, Delays and Transaction Costs, 49 DePaul L. Rev. 497-502 (1999).

Justice Delayed Is . . . Delay Ignored: The Indifference of Judges and Law Professors to Legal Lassitude (with Craig A. Stanton), 49 DePaul L. Rev. 489-495 (1999).

Non-Motorist Defendants - No-Fault Insurance Schemes: McMilllan v. Thompson (with Craig Brown), 78 Can. B. Rev. 255-259 (1999).

The Role of Compensation in Personal Injury Tort Law: A Response to the Opposite Concerns of Gary Schwartz and Patrick Atiyah (with Christopher J. Robinette), 32 Conn. L. Rev. 137-154 (1999).

Yellow Page Ads as Evidence of Widespread Overcharging by the Plaintiffs’ Personal Injury Bar – and a Proposed Solution (with Carlos M. Brown and Michael D. Smith), 6 Conn. Ins. L.J. 423-433 (1999-2000).

Global Raising and Razing of Statism: The Mirror Roles of Two Law-Trained Englishmen – William Beveridge and Keith Joseph (with Thomas E. O’Connell), 16 J.L. & Pol. 639-662 (2000).

More Hippocrates, Less Hypocrisy: “Early Offers” as a Means of Implementing the Institute of Medicine’s Recommendations on Malpractice Law (with Patrick B. Bryan), 15 J.L. & Health 23-51 (2000-01).

A Federal Bill, with Commentary, to Allow Choice in Auto Insurance (with Peter Kinzler and Hunter Bates), 7 Conn. Ins. L.J. 511-584 (2001).

More for Less Under Auto Choice: Fewer Dollars for Lawyers, Fraud, Pain and Suffering, and Insurance Companies Mean Lower Premiums and Better Compensation for Motorists (with Peter Kinzler), in The Economics and Politics of Choice No-Fault Insurance 303-324 (Edward L. Lascher, Jr. & Michael R. Powers eds., Kluwer, 2001).

Belle Moskowitz: An Early Female Powerhouse (with Thomas E. O’Connell), 20 Gender Issues 76-83 (2002).

The Comparable Roles in Social Legislation and Civil Rights of a Conventional Jewish Female and an Unconventional Black Homosexual Male: Belle Moskowitz and Bayard Rustin (with Thomas E. O’Connell), 55 SMU L. Rev. 1641-1656 (2002).

(In)juries, (In)justice, and (Il)legal Blame: Tort Law as Melodrama - or Is It Farce? (with Joseph R. Baldwin), 50 UCLA L. Rev. 425-459 (2002).

Treating Medical Malpractice Claims under a Variant of the Business Judgment Rule (with Andrew S. Boutros), 77 Notre Dame L. Rev. 373-436 (2002).

Karl Marx and Michael Harrington: Two Law School Dropouts . . . and What Happened Next, East and West (with Thomas E. O’Connell), 19 J.L. & Pol. 1-22 (2003).

Statutory Authorization of Nonpayment of Noneconomic Damages as Leverage for Prompt Payment of Economic Damages in Personal Injury Cases, 71 Tenn. L. Rev. 191-198 (2003).

Why Economists and Philosophers Flunk Torts: With a Guide to a Good Grade, 53 Emory L.J. 1349-1358 (2004).

Binding Statutory Early Offers by Defendants, Not Plaintiffs, in Personal Injury Suits (with Evan Stephenson), 54 DePaul L. Rev. 233-246 (2005).

An Economic Model Costing “Early Offers” Medical Malpractice Reform: Trading Noneconomic Damages for Prompt Payment of Economic Damages (with Jeremy Kidd and Evan Stephenson), 35 N.M. L. Rev. 259-299 (2005).

Neo No-Fault Early Offers: A Workable Compromise Between First and Third-Party Insurance (with John Linehan), 41 Gonz. L. Rev. 103-150 (2005/06).

The Rise and Fall (and Rise Again?) of Accident Law: A Continuing Saga (with John Linehan), in Law and Class in America: Trends since the Cold War 349-363 (Paul D. Carrington & Trina Jones eds., New York University Press, 2006).

An Empirical Assessment of Early Offer Reform for Medical Malpractice (with Joni Hersch and W. Kip Viscusi), 36 J. Legal Stud. S231-S259 (2007).

The Powerful but Vulnerable Aide in the Rise and Fall of Woodrow Wilson and His League of Nations (with Thomas E. O’Connell), 19 Fla. J. Int’l L. 289-309 (2007).

With a Poster Case like the Trial Bar’s, Who Needs Enemies?: A Product Liability Claimant’s Odyssey (with Tim Hagen), 56 Drake L. Rev. 83-104 (2007).

The Cost and Other Advantages of an Early Offers Reform for Personal Injury Claims Against Business, Including for Product Liability (with Patricia Born), 2008 Colum. Bus. L. Rev. 423-528.

The Last Cost Savings and Other Advantages of an Early Offer “Crimtorts” Approach to Medical Malpractice Claims, 17 Widener L.J. 835-875 (2008).

Reply to “The Effects of ‘Early Offers’ in Medical Malpractice Cases: Evidence from Texas” (with Joni Hersch and W. Kip Viscusi), 7 J. Empirical Legal Stud. 164-173 (2010).

Other

Review of White, Tort Law in America, 1980 Duke L.J. 1201-1210.

Alfred Conard, 79 Mich. L. Rev. 375-376 (1981).

Why Not No-Fault for All Injuries?, Nat’l Underwriter (Prop./Casualty), June 5, 1981, at 35, 64-65.

No Fault: What, Where & Why?, Va. L. Sch. Rep., Spring 1982, at 5-7.

Psychology and Trials: Some Disturbing Insights (reviewing Kerr & Bray, eds., The Psychology of the Courtroom) (with Keith Carpenter), 48 Mo. L. Rev. 299-311 (1983).

A Reply to Landes: A Faulty Study of No-Fault’s Effect on Fault? (with Saul Levmore), 48 Mo. L. Rev. 649-653 (1983).

Statement, in Alternative Medical Liability Act 57-66 (Committee on Ways and Means, U.S. House of Representatives, Hearing, June 28, 1984).

Compensation Without Litigation (with Henson Moore), Va. L. Sch. Rep., Summer 1985, at 21-23.

Don’t Gut No-Fault (with Peter Spiro), Wash. Post, Nov. 19, 1985, at A17.

Statement, in Product Liability Act Amendments 61-72, 108 (Committee on Commerce, Science, and Transportation, U.S. Senate, Hearings, June 18 and 25, 1985).

A New Approach to Medical Malpractice Insurance: Tort System Could Be Bypassed by No-Fault Insurance or a Contractural Arrangement, 69 R.I. Med. J. 81-83 (1986).

Prof. Proposes Compromise on Tort Reform, Nat’l Underwriter (Prop./Casualty), Sept. 5, 1986, at 66.

Statements (with others), Product Liability Voluntary Claims and Uniform Standards Act 69-104 (Committee on Commerce, Science, and Transportation, U.S. Senate, Hearings, Feb. 27 and Mar. 11, 1986).

Whatever Happened to No-Fault? (with Peter Spiro), Wash. Monthly, Apr. 1986, at 33-37; reprinted in L.A. Daily J., May 1, 1986, at 4.

Neo-No-Fault: A Fair Exchange Proposal for Tort Reform, Va. L. Wkly., Oct. 16, 1987, at 1, 3.

Ending the Lottery: A Consumer Proposal for Medical Malpractice Reform (HALT, 1987).

No-Fault Auto Insurance: Simple and Fair, L.A. Times, Sept. 21, 1988, at II-7.

Foreword, in Stephen D. Sugarman, Doing Away with Personal Injury Law: New Compensation Mechanisms for Victims, Consumers, and Business ix-xi, Quorum Books, 1989).

Less Torturous Torts, Best’s Rev. (Prop./Casualty), Apr. 1989, at 38, 40, 42.

Review of Howard, Wilbur and Orville, and Crouch, The Bishop’s Boys (with Thomas E. O’Connell), 55 J. Air L. & Com. 583-590 (1989).

No-Fault Auto Insurance: Giving Consumers a Choice, in Bay State Auto Rates: What Are the Driving Forces?: Edited Remarks 12-16 (Pioneer Institute for Public Policy Research, 1990).

Truman Capote in the Snares of the Law (reviewing Clark, Capote) (with Thomas E. O’Connell), Va. L. Wkly., Mar. 1, 1991, at 1, 3-4.

Ike and Adlai Revisited – Mirror Images Reversed? (reviewing McKeever, Adlai Stevenson) (with Charles Elson and Thomas E. O’Connell), 40 De Paul L. Rev. 903-923 (1991); excerpts reprinted in Va. L. Wkly., Oct. 11, 1991, at 1, 4-5.

Michigan’s No-Fault Auto Law: Too Much of a Good Thing? – and a Way for Some to Cut Back, 70 Mich. B.J. 938-941 (1991).

Neo-No-Fault Proposals for Medical Malpractice Claims (with Roberta Meltzer Povitsky), Am. C. Surgeons Bull., Apr. 1991, at 14-17.

Review of Novick, Honorable Justice, and Aichele, Oliver Wendell Holmes, Jr. (with Thomas E. O’Connell), 67 Notre Dame L. Rev. 167-182 (1991).

Review of Stevens, In Sickness and in Wealth, 7 J. Contemp. Health L. & Pol’y 433-437 (1991).

Five Roles of Robert Hutchins (reviewing Ashmore, Unseasonable Truths) (with Thomas E. O’Connell), 42 DePaul L. Rev. 835-857 (1992).

Review of Baker, The Justice from Beacon Hill (with Thomas E. O’Connell), 37 St. Louis U. L. Rev. 169-179 (1992).

Harriman Revisited (reviewing Abramson, Spanning the Century) (with Thomas E. O’Connell), 43 Cath. U. L. Rev. 523-533 (1994).

Review of Posner ed., The Essential Holmes (with Thomas E. O’Connell), 44 DePaul L. Rev. 513-543 (1995).

The Case for “Rapid Recovery.” (with Michael Horowitz), Legal Times, June 5, 1995, at 26; reprinted as The Tort “Reforms” Favored by Congress Mostly Favor Defendants, Recorder, June 8, 1995, at 8; also reprinted as At Last: Tort Reform That Both Sides Could Love, N.J. L.J., June 12, 1995, at 26.

The Costs of Consumer Choice for Auto Insurance in States Without No-Fault Insurance (with others), 54 Md. L. Rev. 281-351 (1995); excerpts reprinted in Automobile Insurance Reform 123-142 (Joint Economic Committee, U.S. Congress, Hearing, Mar. 19, 1997).

Statement, in The Cost of the Legal System 124-133 (Committee on the Judiciary, U.S. Senate, Hearing, May 2, 1995).

The Comparative Costs of Allowing Consumer Choice for Auto Insurance in All Fifty States (with others), 55 Md. L. Rev. 160-222 (1996); excerpts reprinted in Automobile Insurance Reform 110-122 (Joint Economic Committee, U.S. Congress, Hearing, Mar. 19, 1997).

The Rise and Fall (and Rise Again?) of Harold Laski (reviewing Kramnick & Sheerman, Harold Laski: A Life on the Left, and Newman, Harold Laski: A Political Biography) (with Thomas E. O’Connell), 55 Md. L. Rev. 1384-1420 (1996).

Statement, in S. 1860, Auto Choice Reform Act 64-74 (Committee on Commerce, Science, and Transportation, U.S. Senate, Hearing, Sept. 24, 1996).

James B. Conant: A Giant on Academe’s Left, Right, and Center (reviewing Hershberg, James B. Conant) (with Thomas E. O’Connell), 1997 BYU Educ. & L.J. 109-128.

Statement, in Automobile Insurance Reform 19-21, 100-142 (Joint Economic Committee, U.S. Congress, Hearing, Mar. 19, 1997).

Statement, in The Auto Choice Reform Act of 1997, at 90-105 (Committee on Commerce, U.S. House of Representatives, Hearing, May 20, 1998).

How Reasonable Is Medical Malpractice Law?: A Review of “Medical Malpractice and the Kenny’s Kennedys: A Study in Power (reviewing O’Donnell, A Common Good) (with Thomas E. O’Connell), 15 J.L. & Pol. 67-80 (1999).

Pats for Pat (reviewing Katzmann ed., Daniel Patrick Moynihan) (with Richard F. Bland), 2000 U. Ill. L. Rev. 1287-1310; excerpt printed as Moynihan’s Legacy, Pub. Interest, Winter 2001, at 95-106.

Review of Carrington, Stewards of Democracy: Law as a Public Profession (with Thomas E. O’Connell), 16 J.L. & Pol. 479-498 (2000).

Testimony, in Innovative Solutions to Medical Liability 57-65, 96-119 (Committee on Energy and Commerce, U.S. House of Representatives, Hearing, July 13, 2006).

No-Fault Insurance at 40: Dusting Off an Old Idea to Help Consumers Save Money in an Age of Austerity (with Peter Kinzler and Dan Miller) (Issue Analysis, National Association of Mutual Insurance Companies, 2011).