Wake Forest Law Review
20Sep

Expanding Liability for Negligence Per Se

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By: Ariel Porat*

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* Alain Poher Professor of Law, Tel Aviv University and Fischel-Neil Distinguished Visiting Professor, University of Chicago. For helpful comments, I thank Ronen Avraham, Oren Bar-Gill, Lee Anne Fennel, Michael Green, Ehud Guttel, Assaf Jacob, Roy Kreitner, Saul Levmore, Rivka Peltz, Timna Porat, Roni Schocken, Kenneth Simons, and the participants at the 2009 annual meeting of the Israeli Law and Economics Association and the Law and Economics workshop at Bar-Ilan University. I also thank Irit Brodskly for her very able research assistance and Dana Rothman-Meshulam for her superb language editing. Lastly, I thank the Wake Forest Law Review Editorial Board for their careful editorial assistance.

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20Sep

Comment: Who Knows Where the Love Grows?: Unmarried Cohabitants and Bystander Recovery for Negligent Infliction of Emotional Distress

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By: Meredith E. Green*

Green_LawReview_September2009

*J.D. candidate, December 2010, Wake Forest University School of Law. Many thanks to Professor Michael D. Green for his advice and helpful comments, my husband, Josh, for his clever insight, love, and support, and Daniel Moebs for his exacting editing skills and unfailing diplomacy.

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20Sep

Can Governments Impose a New Tort Duty to Prevent External Risks? The “No-Fault” Theories Behind Today’s High-Stakes Government Recoupment Suits

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By: Victor E. Schwartz*

Phil Goldberg**

Christopher E. Appel***

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* Victor E. Schwartz is Chairman of the Public Policy Group in the Washington, D.C., office of the law firm of Shook, Hardy & Bacon L.L.P. He coauthors the most widely used torts casebook in the United States, PROSSER, WADE AND SCHWARTZ’S TORTS (11th ed. 2005). He has served on the Advisory Committees of the American Law Institute’s Restatement (Third) of Torts: Products Liability, Apportionment of Liability, General Principles, and Liability for Physical and Emotional Harm projects. Mr. Schwartz received his B.A. summa cum laude from Boston University and his J.D. magna cum laude from Columbia University.

** Phil Goldberg is an attorney in the Public Policy Group in the Washington, D.C., office of Shook, Hardy & Bacon L.L.P. He has served as an aide to several Democratic members of Congress. Mr. Goldberg received his B.A. cum laude from Tufts University and his J.D. from The George Washington University School of Law, where he was a member of the Order of the Coif.

*** Christopher E. Appel is an attorney in the Public Policy Group in the Washington, D.C., office of Shook, Hardy & Bacon L.L.P. He received his B.S. from the University of Virginia’s McIntire School of Commerce and his J.D. from Wake Forest University School of Law.

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20Sep

Social Value as a Policy-Based Limitation of the Ordinary Duty to Exercise Reasonable Care

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By: Mark A. Geistfeld*

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* Sheila Lubetsky Birnbaum Professor of Civil Litigation, New York University School of Law. In addition to those who gave me helpful comments at the Symposium, I am also indebted to my colleagues in the New York City Torts Group for their instructive insights. © Mark A. Geistfeld.

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