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Nora Engstrom
Ernest W. McFarland Professor of Law
Stanford Law School
Bio
Nora Freeman Engstrom is the Ernest W. McFarland Professor of Law at Stanford Law School. A nationally recognized authority on tort law, professional responsibility, and complex litigation, she also co-directs the Deborah L. Rhode Center on the Legal Profession. Beyond that, she is the author of numerous award-winning scholarly articles, the co-author of a leading legal ethics textbook, the co-author of a classic torts textbook, and a Reporter for two Third Restatement of Torts projects. In 2022, the American Law Institute awarded her the R. Ammi Cutter Reporter’s Chair for her efforts.
Before joining Stanford’s faculty in 2009, Professor Engstrom was a litigator and law clerk, including to Judge Merrick B. Garland of the U.S. Court of Appeals for the District of Columbia. She also worked at the Department of Justice where she focused on international terrorism and was awarded the Attorney General’s Award for Superior Service. She earned her J.D. with distinction from Stanford Law School and her B.A. from Dartmouth College, summa cum laude.
Administrative Appointments
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Associate Dean for Curriculum, Stanford Law School (2016 - 2018)
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Co-Director, Deborah L. Rhode Center on the Legal Profession, Stanford Law School (2021 - Present)
Boards, Advisory Committees, Professional Organizations
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Chair, AALS Torts & Compensation Systems Section (previously, Vice Chair, Secretary, and Treasurer), Association of American Law Schools (2023 - Present)
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Reporter, ALI’s Third Restatement of Torts: Miscellaneous Provisions & Medical Malpractice, American Law Institute (2019 - Present)
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Contributing Editor (Legal Profession & Torts), Jotwell (2013 - Present)
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Adviser, ALIs Third Restatement of Torts: Remedies, American Law Institute (2020 - Present)
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Advisory Board, Legal Ethics & Professional Responsibility eJournal (2022 - Present)
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Academic Advisor, NYU Civil Jury Project (2018 - Present)
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Member, Editorial Board of, Foundation Press (2021 - Present)
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Member, American Law Institute (2016 - Present)
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Member, Maryland Bar (2003 - Present)
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Member, District of Columbia Bar (2005 - Present)
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Member, California Bar Association (2017 - Present)
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Academic Fellow, National Civil Justice Institute (2017 - Present)
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Fellow, American Bar Foundation (2016 - Present)
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Selection Committee, Warren E. Burger Prize of the American Inns of Court (2016 - Present)
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SLS Reading Group assisting the ABA in its assessment of Hon. Ketanji Jackson’s qualifications., Stanford Law School and American Bar Association (2022 - 2022)
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Executive Committee Member, William A. Ingram Inn of Court (2012 - 2013)
2024-25 Courses
- Legal Ethics: The Plaintiffs' Lawyer
LAW 6004 (Win) - Torts
LAW 223 (Aut) -
Independent Studies (1)
- Directed Professional Writing
LAW 411 (Aut)
- Directed Professional Writing
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Prior Year Courses
2023-24 Courses
- Legal Ethics: The Plaintiffs' Lawyer
LAW 6004 (Win) - Torts
LAW 223 (Aut)
2022-23 Courses
- Legal Ethics: The Plaintiffs' Lawyer
LAW 6004 (Win) - Torts
LAW 223 (Aut)
2021-22 Courses
- Legal Ethics: The Plaintiffs' Lawyer
LAW 6004 (Win) - Torts
LAW 223 (Aut)
- Legal Ethics: The Plaintiffs' Lawyer
All Publications
- Rethinking the Lawyers' Monopoly: Access to Justice and the Future of Legal Services (Forthcoming) Cambridge University. 2024
- Secrecy by Stipulation Duke Law Journal 2024; 74: 99-181
- The Making of the A2J Crisis Stanford Law Review 2024; 75 (Forthcoming): (Symposium Introduction)
- Auto Clubs and the Lost Origins of the Access to Justice Crisis Yale Law Journal 2024; 134 (Forthcoming)
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Harnessing Common Benefit Fees to Promote MDL Integrity
TEXAS LAW REVIEW
2023; 101 (7): 1623-1651
View details for Web of Science ID 001030535100004
- Restatement (Third) of Torts: Miscellaneous Provisions American Law Institute . 2023; Third (Draft No. 2)
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Toward the Participatory MDL A Low-Tech Step to Promote Litigant Autonomy
LEGAL TECH AND THE FUTURE OF CIVIL JUSTICE
2023: 173-195
View details for Web of Science ID 001003618200009
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Legal Tech and the Litigation Playing Field
LEGAL TECH AND THE FUTURE OF CIVIL JUSTICE
2023: 133-154
View details for Web of Science ID 001003618200007
- Restatement (Third) of Torts: Concluding Provisions Restatement of Torts American Law Institutde. 2022; Third (Tent. Draft No. 1)
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Pursuing Public Health Through Litigation
STANFORD LAW REVIEW
2021; 73 (2): 285–362
View details for Web of Science ID 000627455800001
- TORT LAW AND ALTERNATIVES: CASES AND MATERIALS TORT LAW AND ALTERNATIVES: CASES AND MATERIALS (Foundation Press, 11th ed. 2021), with Marc A. Franklin, Robert L. Rabin, Michael D. Green, & Mark A. Geistfeld Foundation Press. 2021
- Legal Ethics Foundation Press. 2020
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The Lessons of Lone Pine
YALE LAW JOURNAL
2019; 129 (1): 2–76
View details for Web of Science ID 000493797500001
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The Trouble with Trial Time Limits
GEORGETOWN LAW JOURNAL
2018; 106 (4): 933–87
View details for Web of Science ID 000439475100001
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THE DIMINISHED TRIAL
FORDHAM LAW REVIEW
2018; 86 (5): 2131–47
View details for Web of Science ID 000429046900003
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RETALIATORY RICO AND THE PUZZLE OF FRAUDULENT CLAIMING
MICHIGAN LAW REVIEW
2017; 115 (5): 639-706
Abstract
Over the past century, the allegation that the tort liability system incentivizes legal extortion and is chock-full of fraudulent claims has dominated public discussion and prompted lawmakers to ever-more-creatively curtail individuals' incentives and opportunities to seek redress. Unsatisfied with these conventional efforts, in recent years, at least a dozen corporate defendants have "discovered" a new fraud-fighting tool. They've started filing retaliatory RICO suits against plaintiffs and their lawyers and experts, alleging that the initiation of certain nonmeritorious litigation constitutes racketeering activity—while tort reform advocates have applauded these efforts and exhorted more "courageous" companies to follow suit. Curiously, though, all of this has taken place against a virtual empirical void. Is the tort liability system actually brimming with fraudulent claims? No one knows. There has been no serious attempt to analyze when, how often, or under what conditions fraudulent claiming proliferates. Similarly, tort reformers support RICO's use because, they say, conventional mechanisms to deter fraud fall short. But are conventional mechanisms insufficient? Hard to say, as there is no comprehensive inventory of the myriad formal and informal mechanisms already in use; nor do we have even a vague sense of how those mechanisms actually operate. Further, though courts have started to green-light retaliatory RICO actions, no one has carefully analyzed whether these suits are, on balance, beneficial. Indeed, few have so much as surfaced relevant risks. Addressing these questions, this Article attempts to bring overdue attention to a problem central to the tort system’s operation and integrity.
View details for Web of Science ID 000395722000002
View details for PubMedID 28379154
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A DOSE OF REALITY FOR SPECIALIZED COURTS: LESSONS FROM THE VICP
UNIVERSITY OF PENNSYLVANIA LAW REVIEW
2015; 163 (6): 1631-1717
View details for Web of Science ID 000358701000002
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ATTORNEY ADVERTISING AND THE CONTINGENCY FEE COST PARADOX
STANFORD LAW REVIEW
2013; 65 (4): 633-695
View details for Web of Science ID 000317884500001
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SUNLIGHT AND SETTLEMENT MILLS
NEW YORK UNIVERSITY LAW REVIEW
2011; 86 (4): 805-886
View details for Web of Science ID 000295906900001