Wake Forest Law Review

20Dec

Foreseeability in Breach, Duty, and Proximate Cause

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By: Benjamin C. Zipursky* Zipursky_LawReview_December2009 ∗ Professor & James H. Quinn ‘49 Chair in Legal Ethics, Fordham Law School; Visiting Professor, Harvard Law School (Spring 2009). John Goldberg has provided helpful comments on a previous draft and has been a collaborator on many of the central ideas here; I take full responsibility for whatever has […]

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20Dec

Unpacking Emotional Distress: Sexual Exploitation, Reproductive Harm, and Fundamental Rights

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By: Martha Charmallas* Chamallas_LawReview_December2009 * Robert J. Lynn Chair in Law, The Ohio State University. I would like to thank Barbara Schwabauer for her excellent research assistance.

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20Dec

The Restatement (Third) of Torts and Traditional Strict Liability: Robust Rationales, Slender Doctrines

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By: Kenneth W. Simmons* Simmons_LawReview_December2009 * The Honorable Frank R. Kenison Distinguished Scholar in Law and Professor of Law, Boston University School of Law. I thank Greg Keating and Jane Stapleton for their valuable advice, and Ariel Greenstein and Andrew Keutmann for their helpful research assistance.

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20Dec

Negligent Infliction of Emotional Distress: A View of the Proposed Restatement (Third) Provisions from England

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By: M.H. Matthews* Matthews_LawReview_December2009 * Fellow in Law, University College, Oxford; CUF Lecturer in Law, Oxford University. In writing this Article I have, with the kind permission of the Oxford University Press, drawn on the material that appears in chapter 3 of MARTIN MATTHEWS, JONATHAN MORGAN & COLM O’CINNEIDE, HEPPLE & MATTHEWS’ TORT: CASES AND MATERIALS […]

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20Dec

Is Negligent Infliction of Emotional Distress a Freestanding Tort?

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By: Gregory C. Keating* Keating_LawReview_December2009 * William T. Dalessi Professor of Law and Philosophy at the Gould School of Law at the University of Southern California. I am grateful to Nataline Viray-Fung for valuable research assistance, to the participants in this Symposium, to the attendees at a faculty workshop at Bar Ilan University in Israel, and […]

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20Dec

A Restatement (Third) of Torts: Liability for Intentional Harm to Persons—Thoughts

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By: Ellen M. Bublick* Bublick_LawReview_December2009 * Dan B. Dobbs Professor of Law, University of Arizona James E. Rogers College of Law. For helpful suggestions and feedback, many thanks to participants in the Symposium on the Third Restatement of Torts, particularly Dan Dobbs, Mike Green, Bill Powers, Ellen Pryor, Ken Simons, Aaron Twerski, and the editors […]

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20Dec

Intervening Wrongdoing in Tort: The Restatement (Third)’s Unfortunate Embrace of Negligent Enabling

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By: John C.P. Goldberg* Benjamin C. Zipursky** GoldbergZipursky_LawReview_December2009 * Professor, Harvard Law School. ** Visiting Professor, Harvard Law School (Spring 2009); Professor & James H. Quinn Chair in Legal Ethics, Fordham University School of Law. Thanks to Mark Geistfeld, Stephen Perry, Tony Sebok, Robert Stevens, Ernest Weinrib, and members of the New York City Torts […]

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