Ellen M Bublick
- Professor, Law
- Chair, Dan B Dobbs-Law
- Member of the Graduate Faculty
Contact
- (520) 621-5600
- College of Law Building, Rm. 257
- Tucson, AZ 85721
- bublick@arizona.edu
Biography
BiographyEllen Bublick is the Dan B. Dobbs Professor of Law and Faculty Fellow at the University of Arizona, James E. Rogers College of Law, and recent Visiting Professor at the UCLA School of Law. She is coauthor of the leading U.S. tort law treatise, The Law of Torts, and the leading hornbook, Hornbook on Torts. Her books and articles have been cited by the United States Supreme Court and by courts in every federal circuit, forty-nine states, and many foreign jurisdictions. Bublick serves as Co-Editor of the Journal of Tort Law, the leading scholarly journal in the torts field. She also serves as an Advisor to the American Law Institute’s Restatement Third of Torts. She is a Contributing Editor, and former Section Editor, of the JOTWELL Torts blog. Bublick previously served as Chair of the Torts and Compensation Section of the Association of American Law Schools. Her other books include the leading Torts casebook, Torts and Compensation: Personal Accountability and Social Responsibility for Injury (with Paul Hayden); Dobbs on Economic and Dignitary Torts (with Jane Bambauer and Daniel Arellano), and A Concise Restatement of Torts (on behalf of the American Law Institute). Some of her work has been translated into Chinese.
On the basis of her research, Bublick has been invited to speak to international audiences which include the European Group on Tort Law in Vienna, Austria, the Obligations Discussion Group at Oxford University in England, the Tort Law Research Group in Ontario, Canada, and the Research Center for Civil and Commercial Jurisprudence of Renmin University of China. She also has been invited to speak to national audiences, which include the National Institute of Justice, the National Sexual Assault Law Institute, the Louisiana Judicial Conference, and the Pennsylvania House of Representatives. One of her innovative legal theories was expressly adopted by the Washington Supreme Court in Christensen v. Royal School Dist. No. 160, 124 P.2d 283 (2005). An honors graduate of Duke University and Harvard Law School, Bublick clerked for Judge Walter Cummings on the Seventh Circuit Court of Appeals and practiced law at Mayer, Brown & Platt in Chicago before entering academia. She recently created the Arizona Law Phoenix Program, which includes student externships, classes, discussions and events with many high-level judges, government lawyers, and practitioners.
Degrees
- J.D. Law
- Harvard Law School, Cambridge, Massachusetts, United States
- B.A. Public Policy Studies
- Duke University, Durham, North Carolina, United States
Work Experience
- UCLA School of Law (2022 - Ongoing)
- Mayer, Brown & Platt (1993 - 1997)
- DePaul Law School (1992 - 1997)
- Seventh Circuit Court of Appeals (1991 - 1992)
Awards
- Faculty Research Fellow
- Fall 2022
- Sisk Scholarly Impact Study
- Spring 2021
- Teacher of the Year
- Law College Students, Spring 2019
- Leslie and Patricia Bell Faculty Service Award
- Fall 2018
- Visiting Research Scholar, Keble College, Oxford University
- Oxford University, Spring 2016
Licensure & Certification
- Lawyer, Illinois State Bar (1991)
- Lawyer, Arizona State Bar (2015)
Interests
Research
Tort law. Economic and Dignitary Torts. Safety.
Teaching
Tort Law, Economic and Dignitary Torts, Foreign Tort Law, Poverty, Health and Law.
Courses
2023-24 Courses
-
Current Legal Issues
LAW 695F (Spring 2024) -
Economic and Dignitary Torts
LAW 649 (Spring 2024) -
Independent Study
LAW 699 (Fall 2023) -
Torts
LAW 604C (Fall 2023)
2022-23 Courses
-
Current Legal Issues
LAW 695F (Spring 2023) -
Leadership & Judgment
LAW 688 (Spring 2023) -
Substantial Paper
LAW 692 (Fall 2022)
2021-22 Courses
-
Current Legal Issues
LAW 695F (Spring 2022) -
Economic and Dignitary Torts
LAW 649 (Spring 2022) -
Torts
LAW 604C (Fall 2021)
2020-21 Courses
-
Torts
LAW 604C (Fall 2020)
2019-20 Courses
-
Current Legal Issues
LAW 695F (Spring 2020) -
Economic and Dignitary Torts
LAW 649 (Fall 2019) -
Independent Study
LAW 699 (Fall 2019) -
Torts
LAW 604C (Fall 2019)
2018-19 Courses
-
Independent Study
LAW 599 (Fall 2018) -
Torts
LAW 604C (Fall 2018)
2017-18 Courses
-
Economic and Dignitary Torts
LAW 649 (Spring 2018) -
Torts
LAW 604C (Fall 2017)
2016-17 Courses
-
Advanced Tort Law
LAW 649E (Spring 2017) -
Economic and Dignitary Torts
LAW 649 (Spring 2017) -
Independent Study
LAW 699 (Fall 2016) -
Torts
LAW 604C (Fall 2016)
2015-16 Courses
-
Independent Study
LAW 699 (Summer I 2016)
Scholarly Contributions
Books
- Bublick, E. M. (2022). Dobbs on Economic and Dignitary Torts. West Academic.
- Bublick, E. M., & Hayden, P. (2022). Torts and Compensation 9th standard edition & Concise Edition. West Academic.
- Hayden, P. T., & Bublick, E. M. (2017). DOBBS, HAYDEN & BUBLICK, TORTS AND COMPENSATION (8TH concise Ed.). West Academic.
- Hayden, P. T., & Bublick, E. M. (2017). DOBBS, HAYDEN & BUBLICK, TORTS AND COMPENSATION (8TH standard Ed.). West Academic.
- Bublick, E. M. (2016). DOBBS, HAYDEN & BUBLICK, HORNBOOK ON TORTS (2d. Ed.). West Academic Press.More infoSingle-volume overview of contemporary tort law, newly updated by the authors of the leading treatise. Cited by the United Supreme Court (most recently, summer 2016) and in courts in all 13 federal circuits and 45 of 50 state supreme courts.
- Bublick, E. M. (2016). THE CONCISE RESTATEMENT OF TORTS (3d Ed.) 侵权法重述纲要(第三版). Law Press China.More infoThis book is forthcoming in Chinese.
- Bublick, E. M. (2013). A concise restatement of torts. American Law Institute Publishers.
- Dobbs, D. B., Hayden, P. T., & Bublick, E. M. (2009). Teacher's manual to Torts and compensation : personal accountability and social responsibility for injury. West.
Journals/Publications
- Bublick, E. M. (2022).
Tort Common Law Future: Preventing Harm and Providing Redress to the Uncounted Injured
. Journal of Tort Law, 14(2), 279-308. doi:10.1515/jtl-2022-0010 - Bublick, E. M. (2022). Jotwell Torts Blog. blog contributing editor.
- Bublick, E. M. (2019). Air & Liquid Systems Corp Case Review. ALI newsletter.More inforeviewed recent U.S. Supreme Court case for ALI publication
- Bublick, E. M. (2016). The Man, The Torts Legend. Jotwell: The Journal of Things We Like, 2016.
- Bublick, E. M. (2016). When Physical Harm Is Threatened but Not Realized: Who Should Pay?. Jotwell: The Journal of Things We Like, 2016.
- Bublick, E. M. (2014). Who Is Responsible for Child Sexual Abuse? A View from the Penn State Scandal. The Journal of Gender, Race and Justice, 17(2).More info1. IntroductionIn the recent book, Silent No More: Victim 1 's Fight for Justice Against Jerry Sandusky, Aaron Fisher, his mother, and his counselor relate Fisher's harrowing journey from childhood victimization by a serial sexual predator to tenacious and heroic advocacy on behalf of himself and other abused young men.* 1 Fisher was repeatedly sexually abused from age eleven to age fifteen by former Penn State defensive football coach, Jerry Sandusky, whom Fisher had met at a charity football camp held on the Penn State campus.2 Silent No More chronicles the abuse, as well as the authors' yearslong fight to prosecute and convict Sandusky. Although the book ends with the criminal conviction of a single man, sixty-eight year-old Jerry Sandusky, on forty-five counts of sexual assault, for a prison term of thirty to sixty years, it begins with a quote suggesting broader responsibility: "The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing."3Consistent with the claim of broader responsibility for child sexual abuse, this article outlines the litigation that stemmed from the Sandusky abuse, and then focuses on three propositions. First, the Penn State litigation mirrors other recent civil sexual assault cases. Second, in cases in which child safety is risked by child abusers and negligent institutions-to promote deterrence-courts and legislatures should preserve the civil accountability of the negligent actors as well as abusers. And third that, in civil cases, the child should not be considered responsible for any portion of the abuse.II. The Sandusky Abuse and the Penn State LitigationIn the Sandusky case there is ample reason to believe that the abuse, as well as the responsibility for its continuation, was widespread. In terms of abuse, by the time of Sandusky's criminal trial nearly three years after Fisher's first report, ten victims had come forward to testify.4 In terms of responsibility, a Penn State assistant coach testified at Sandusky's criminal trial that he had seen Sandusky sexually abusing a boy in the shower a decade earlier, and had reported the abuse at that time to a number of people in positions of authority at Penn State.5 A report, commissioned by Penn State and led by former FBI Director Louis Freeh, concluded by evidence from 1998 and 2001 that four senior leaders at Penn State knew of sexual assault allegations against Sandusky but did not report those allegations to law enforcement authorities.6 Instead, the Freeh report concluded that senior leaders concealed the allegations and "failed to take any steps for 14 years to protect the children who Sandusky victimized."7 Criminal proceedings are ongoing against three of the individuals-former Penn State President Graham B. Spanier, retired Vice President Gary Schultz, and former athletic director Tim Curley-for conspiracy, perjury, and endangering the welfare of children.8 The fourth individual listed in the report, Penn State's Hall-ofFame football coach Joe Paterno, served as head coach for forty-five years until he was fired shortly after the scandal broke.9 He died in January 2012 and was never charged.10Given the numerous cases of sexual abuse over a prolonged period of time amidst allegations that the abuse was known to senior officials, there have been many questions about how the abuse could have continued." The central question that continually resurfaces is: Who was responsible to stop it? The initial answer to the question of responsibility began in the criminal courts with the conviction of Jerry Sandusky and continues with the later criminal trials. However, as the question of criminal responsibility nears an end, the question of civil responsibility for the sexual abuse is just beginning. Penn State has reportedly been sued by approximately thirty abused young men, some of whom were witnesses in the criminal proceeding and some of whom were not.12 The civil cases state claims for vicarious liability, negligence, negligent supervision, premises liability, fraudulent concealment, intentional infliction of emotional distress, and civil conspiracy to endanger children. …
- Bublick, E. M. (2013). Avoiding Liability But Not Tort. Jotwell: The Journal of Things We Like, 2013.
- Bublick, E. M. (2009). The Tort-Proof Plaintiff: The Drunk in the Automobile, Crashworthiness Claims, and the Restatement (Third) of Torts. Brooklyn law review, 74(3).
- Bublick, E. M., & Bublick, E. M. (2006). Tort Suits Filed by Rape and Sexual Assault Victims in Civil Courts: Lessons for Courts, Classrooms and Constituencies. SSRN Electronic Journal. doi:10.2139/ssrn.883671
- Bublick, E. M. (2003). Comparative Fault to the Limits. Vanderbilt Law Review, 56(4), 975-1045.More infoAbstract: Comparative-fault defenses ordinarily raise issues for jury determination. And yet, in a wide array of cases, courts preclude defendants from litigating those defenses. This Article examines the many cases in which courts bar comparative-fault claims. It argues that these court-created limits are not haphazard, but rather grounded in identifiable, consistent, and important normative principles. When these issues of principle or policy arise - in cases involving plaintiff incapacity, structural safety, role definition, process values, fundamental values, and autonomy and self risk - the Article suggests that courts are right to consider limits on comparative-fault defenses. An examination of principles and policies that warrant limiting comparative-fault defenses is particularly important in light of the proposed Restatement Third of Torts: Liability for Physical Harm. The Restatement adopts a broad obligation for plaintiffs to care for self and for others, but expressly permits judges to find that a plaintiff has "no duty" to avoid negligence in special cases of principle or policy. The Article illustrates cases of principle or policy, many parallel to defendant no-duty cases, in which courts appropriately consider no-duty determinations for plaintiffs.
- Bublick, E. M. (2003). The end game of tort reform: Comparative apportionment and intentional torts. Notre Dame Law Review, 78(2), 355-439.
- Bublick, E. M. (2001). In Praise of the Treatise Writer: Law's Special Knowledge. Seattle University Law Review, 25(1).
- Bublick, E. M. (1999). Citizen no-duty rules: Rape victims and comparative fault. Columbia Law Review, 99(6), 1413-.More infoAbstract: In this Article, Professor Bublick examines the generally accepted practice of allowing third parties like hotels and landlords, and occasionally rapists themselves, to take advantage of broad defenses of rape victim fault in civil law rape cases. As the law currently stands, whatever limits courts have placed on rape victim comparative fault defenses arise solely from the moral culpability of the defendants. Bublick argues that courts' exclusive focus on defendant culpability overlooks a second, equally compelling factor for determining whether courts should allow defenses of rape victim fault - citizen entitlements. She argues that regardless of defendants' culpability, citizens have independent interests in not being legally required to shape their conduct around the reality of pervasive rape and fear of rape in our society. Those interests stem from concerns for citizen freedom and equality, and are not outweighed by deterrence considerations. She then outlines three ways in which the law could be changed to incorporate both plaintiff-entitlement and defendant-culpability considerations. Specifically, the Article advocates judicial creation of citizen "no-duty rules" in the context of civil rape cases. The concept of no-duty rules was recently endorsed by the newly-enacted Restatement (Third) of Torts: Comparative Apportionment.
Presentations
- Bublick, E. M. (2018, January). When a Probationer is the Caretaker: Tort Liability for Sexual Assault. Federalist Society National Conference. San Diego: Federalist Society Conference.More infoPresented original research concerning 2017 civil sexual assault cases
- Bublick, E. M. (2017, December). Open and Obvious Danger in the 50 States. Annual Conference. New Orleans, Louisiana: Louisiana Judicial College/ Louisiana Association of Defense Counsel.More infoGave talk in opening panel of large conference for Louisiana judges and defense attorneys
Reviews
- Bublick, E. M. (2016. Article reviews.More infoReviewed articles for a number of international torts scholars including James Goudkamp and Donal Nolan, Oxford; Lewis Klar, Alberta; Zhu Wang, Sichuan University. Reviewed Tort contributions of international scholars—tenure letter for Bar-Ilan University promotion committeee, Israel regarding Dr. Benjamin Shmueli, review letter for the Australian National University promotion committee of Master Jane Stapleton, Corresponding Fellow of the British Academy and Master of Christ College Cambridge; tenure review for Brooklyn Law School of Professor Alex Stein.
Creative Productions
- Bublick, E. M. (2019. Arizona Law CourseArizona Supreme Court.More infoResearched, wrote and created videotape presentation concerning Arizona Tort Law, for course required by Arizona Supreme Court for every bar applicant to view.
- Bublick, E. M. (2016. The Man, The Torts Legend. Jotwell blog. online.More infoReview of articles on Dean Prosser.
- Bublick, E. M. (2016. When Physical Harm is Threatened But not Realized: Who Should Pay?,. Jotwell Blog. Online.More infoReview of article on Preventative Damages
- Bublick, E. M. (2015. Torts Blog. JOTWELL.
Others
- Bublick, E. M. (2018, June). When Cars are the Drivers: Tort Law in the Fourth Industrial Revolution. Jotwell Torts Blog.More infoWHEN CARS ARE THE DRIVERS: TORT LAW IN THE FOURTH INDUSTRIAL REVOLUTIONJul 31, 2018 Ellen BublickReview of Kenneth S. Abraham and Robert L. Rabin, Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era, 105 Va. L. Rev. __ (forthcoming 2019), available at SLS.
- Bublick, E. M. (2019, January). Jotwell Torts Blog. Section Editor.More infoCoeditor (with Greg Keating USC) of Jotwell Torts blog. Edit 12 jots (article reviews) per year
- Bublick, E. M. (2017, September). Jotwell Torts Blog Co-Editor. Jotwell Torts Blog.More infoEdited article by Greg Keating (USC), John Goldberg (Harvard) Anthony Sebok (Cardozo), Ben Zipursky (Fordham), Nora Engstrom (Stanford), Sandy Steel (Oxford), Martha Chamallas (Ohio State), Ken Simons (UC Irvine).
- Bublick, E. M. (2015, spring). Advised California judiciary committee.More infoAdvised California judiciary committee staff about consent in civil law rape cases for proposed draft bill.
- Bublick, E. M. (2015, spring). Counsel in course design. Torts professors.More infoCounsel numerous torts professors around the country in course design and torts teaching subjects.
- Bublick, E. M. (2015, spring). civil rape cases. news articles.More infoQuoted in some news articles concerning civil rape cases.