Jay M. Feinman
Distinguished Professor Emeritus
Jay M. Feinman is an expert in insurance law, torts, and contract law. The recipient of numerous teaching awards,he’s also written seven books and more than 60 scholarly articles. He is a member of the American Law Institute and other professional organizations and is an advisor to United Policyholders.
Biography
Professor Feinman received his B.A. degree summa cum laude from American University and his J.D. degree cum laude from the University of Chicago, where he was a member of the Order of the Coif and Comment Editor of the University of Chicago Law Review. He teaches Insurance Law, Torts, Business Torts, Contracts, and other subjects.
Professor Feinman is Co-Director of the Rutgers Center for Risk and Responsibility. Among his professional activities, Feinman has served as Chair of the Association of American Law Schools Section on Contracts and Section on Teaching Methods. He is a member of The American Law Institute and was an Adviser for the Restatement Third of Torts: Liability for Economic Loss. At Rutgers, he has served as Associate Dean and Acting Dean of the law school. He has been recognized for his teaching by receiving the Lindback Foundation Award for Distinguished Teaching, the Warren I. Susman Award for Excellence in Teaching, and the Provost's Award for Teaching Excellence. In 2018 he received the Daniel Gorenstein Memorial Award from Rutgers for excellence in scholarship, teaching, and service, and in 2014 he received the New Jersey Association for Justice Gold Medal for Distinguished Service. Professor Feinman's many publications include seven books and more than seventy scholarly articles.
Publications
Publications
Books:
Law 101 (Oxford University Press, sixth edition 2023) (also published in English edition in China and in translation in Arabic, Bulgarian, Dari, Japanese, Korean, Pashtu, Simplified Chinese, Spanish, Urdu, and Vietnamese)
Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It (Portfolio/Penguin, 2010; Delden Press, 2013)
Professional Liability to Third Parties (American Bar Association, 2000; second edition, 2007; third edition 2013)
Penguin Civics Classics: Supreme Court Decisions (Penguin, 2012) (editor)
Un-Making Law: The Conservative Campaign to Roll Back the Common Law (Beacon Press, 2004; paperback edition 2005)
1001 Legal Words You Need to Know (Oxford University Press, 2003; paperback edition, 2005) (editor) (also published in Chinese-English edition)
Economic Negligence: Liability of Professionals and Businesses to Third Parties for Economic Loss (Little, Brown & Co., 1995) (including Supplements, 1996 and 1997)
Edited anthology:
Readings in Critical Legal Studies (Conference on Critical Legal Studies, 1988)
Articles and book chapters:
Developing a Homeowners Insurance Policy Comparison Tool—RU InsureScore, avaiable at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4398024#
Policyholder Misrepresentation in Insurance Claims, 29 Connecticut Insurance Law Journal 28 (2022)
Protection Gaps in Homeowners Insurance, available at https://ssrn.com/abstract=4048345
The Political Significance of the Wisconsin Contracts School, Wisconsin Law Review Forward (2021) https://wlr.law.wisc.edu/wisconsin-school-of-contracts/
What is a Protection Gap? Homeowners Insurance as a Case Study, 27 Connecticut Insurance Law Journal 82 (2020)
A User’s Guide to the Restatement of the Law, Liability Insurance, 26 Connecticut Insurance Law Journal 95 (2019)
Contract and Claim in Insurance Law, 25 Connecticut Insurance Law Journal 159 (2018)
Attorney-Client Privilege and Work-Product Protection in Insurance Bad Faith Litigation, 53 Tort Trial & Insurance Practice Law Journal 777 (2018)
Improving State Regulation of Homeowners Insurance: The Essential Protections for Policyholders Project, 24 Connecticut Insurance Law Journal 163 (2018)
Insurance Fraud, Agency, and Opportunism: False Swearing in Insurance Claims (SSRN, 2016)
The Regulation of Insurance Claim Practices, 5 UC Irvine Law Review 1319 (2016)
The Restatement of the Law of Liability Insurance as a Restatement: An Introduction to the Issue, 68 Rutgers University Law Review 1 (2015)
Negligent Misstatement in the United States, Kit Barker et al eds., The Law of Misstatements: 50 Years on from Hedley Byrne v Heller (Hart Publishing, 2015)
The Duty of Good Faith: A Perspective on Contemporary Contract Law, 66 Hastings Law Journal 937(2015)
Good Faith and Reasonable Expectations, 67 Arkansas Law Review 525 (2014)
Liability of Lawyers and Accountants to Nonclients: Negligence and Negligent Misrepresentation, 67 Rutgers University Law Review 127 (2015)
Introduction, Symposium on Fragmented Risk, 11 Rutgers Journal of Law and Public Policy (2014)
Introduction, I. David Campbell, Linda Mulcahy & Sally Wheeler eds., Changing Conceptions of Contract: Essays in Honour of Ian Macneil (Palgrave Macmillan, 2013)
The Enforceability of Releases in Property Insurance Claims, 19 Connecticut Insurance Law Journal 251 (2013)
Introduction, I. David Campbell, Linda Mulcahy & Sally Wheeler eds., Changing Conceptions of Contract: Essays in Honour of Ian Macneil (Palgrave Macmillan, 2013)
Ambition and Humility in Contract Law, in Empirical and Lyrical: Revisiting the Contracts Scholarship of Stewart Macaulay (Hart Publishing, 20132)
Promoting Product Safety: Henningsen v. Bloomfield Motors, Inc., in New Jersey Goes A-Courting: 10 Legal Cases that Shook the Nation (Rutgers University Press, 2013) (with Caitlin Edwards)
The Insurance Relationship as Relational Contract and the “Fairly Debatable” Rule for First-Party Bad Faith, 46 San Diego Law Review 553 (2009)
Incentives for Litigation or Settlement in Large Tort Cases: Responding to Insurance Company Intransigence, in Symposium on Genuine Tort Reform, 13 Roger Williams University Law Review 189 (2008)
Teaching Economic Torts, in Symposium on Economic Torts, 95 Kentucky Law Journal 893 (2006-07)
The Economic Loss Rule and Private Ordering, 48 Arizona Law Review 813 (2006), in Symposium on Economic Tort Law
Is an Advertisement an Offer? Why It Is, and Why It Matters, 58 Hastings Law Journal 61 (2006) (with Stephen R. Brill)
The Conservatives, the Market, and the Common Law, 37 Review of Radical Political Economics 288 (2005)
Unmaking and Remaking Tort Law, 5 Journal of High Technology Law 61 (2005)
Un-Making Law: The Classical Revival in the Common Law, 28 Seattle University Law Review 1 (2004)
Liability of Accountants for Negligent Auditing: Doctrine, Policy, and Ideology, 31 Florida State University Law Review 17 (2003) (reprinted in Institute of Chartered Financial Analysts of India, 1 ICFAI Journal of Audit Practice no. 2, p. 7 (April 2004) and 53 Defense Law Journal 239 (2004))
Torts, in The Oxford Companion to American Law (Oxford University Press, 2002)
The Reception of Ian Macneil's Work on Contract in the USA, in David Campbell ed., The Relational Theory of Contract: Selected Works of Ian Macneil (Sweet & Maxwell, 2001)
Relational Contract Theory in Context, 94 Northwestern University Law Review 737 (2000)
Liability of a Laboratory for Negligent Employment or Pre-employment Drug Testing, 30 Rutgers Law Journal 473 (1999) (with Amy Newnam)
The Future History of Legal Education, 29 Rutgers Law Journal 475 (1998)
Law School Grading, 65 UMKC Law Review 647 (1997)
Implied Warranty, Products Liability, and the Boundary Between Contract and Tort, 75 Washington University Law Quarterly 469 (1997)
Economic Negligence in Residential Real Estate Transactions, 25 Real Estate Law Journal 110 (1996)
Doctrinal Classification and Economic Negligence, 33 San Diego Law Review 137 (1996)
Economic Negligence Actions: A Remedy for Third Parties, Trial, June 1996, at 50.
Attorney Liability to Nonclients, 31 Tort and Insurance Law Journal 735 (1996)
Simulations: An Introduction, 45 Journal of Legal Education 469 (1995)
Economic Negligence in Construction Litigation, 15 The Construction Lawyer 34 (1995)
Relational Contract and Default Rules, 3 Southern California Interdisciplinary Law Journal 43 (1993)
The Last Promissory Estoppel Article, 61 Fordham Law Review 303 (1992)
The Ideology of Legal Reasoning in the Classroom, 57 Missouri Law Review 363 (1992)
The Development of the Employment at Will Rule Revisited, 23 Arizona State Law Journal 733 (1991)
Teaching Assistants, 41 Journal of Legal Education 269 (1991)
Economic Loss, Commercial Practices, and Legal Process: Spring Motors Distributors, Inc. v. Ford Motor Co., 22 Rutgers Law Journal 301 (1991) (with Patricia A. Brown)
The Significance of Contract Theory, 58 University of Cincinnati Law Review 1283 (1990)
Contract Law as Ideology, in D. Kairys ed., The Politics of Law: A Progressive Critique (co-author with Peter Gabel for first edition, 1982; sole reviser for second edition, 1990;co-author for third edition, 1998)
The Jurisprudence of Classification, 41 Stanford Law Review 661 (1989)
Hegel and Modern Contract Theory, 10 Cardozo Law Review 1271 (1989)
Practical Legal Studies and Critical Legal Studies, 87 Michigan Law Review 724 (1988)
Comment on Spann, A Critical Legal Studies Perspective on Contract Law and Practice, 1988 Annual Survey of American Law 223
A Case Study in Critical Contract Law, 1988 Annual Survey of American Law 273
Legal Education, in R. Janosik ed., 2 Encyclopedia of the American Judicial System 614 (Chas. Scribners Sons, 1987)
Achieving Excellence: Mastery Learning in Legal Education, 35 Journal of Legal Education 528 (1985) (with Marc Feldman)
The Failure of Legal Education and the Promise of Critical Legal Studies, in Symposium on Critical Legal Studies, 6 Cardozo Law Review 739 (1985)
Pedagogy and Politics, 73 Georgetown Law Journal 875 (1985) (with Marc Feldman)
Reforming and Transforming, in Symposium, Legal Education: Yesterday, Today, Tomorrow, 30 New York Law School Law Review 629 (1985)
The Meaning of Reliance: A Historical Perspective, 1984 Wisconsin Law Review 1373
Promissory Estoppel and Judicial Method, 97 Harvard Law Review 678 (1984), reprinted in Essays on Critical Legal Studies 605 (Harvard Law Review 1986)
Change in Law Schools, 16 New Mexico Law Review 505 (1986)
Priests and Prophets, in Symposium, Professing Law: A Colloquy on Critical Legal Studies, 31 Saint Louis University Law Journal 53 (1986)
Critical Approaches to Contract Law, 30 UCLA Law Review 829 (1983), translated and reprinted in 4 Rivista Critica del Diritto Privato 357 (1986)
Suing Judges: History and Theory, 31 South Carolina Law Review 201 (1980) (with Roy S. Cohen)
The Development of the Employment at Will Rule, 20 American Journal of Legal History 118 (1976)