This Article asserts that comparative fault jurisdictions should not bar plaintiffs from recovering in fraud when they fail to establish justifiable reliance on a misrepresentation. Rather, courts should apply comparative…
John C.P. Goldberg, Anthony J. Sebok & Benjamin C. Zipursky
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This Article explains why reliance forms a distinct element of fraud. Conceptually, the wrong of fraud is not an interference with the victim's interest in avoiding certain types of harm,…
Green draws a comparison between Goldberg, Sebok and Zipursky’s theme of decision making without misimpressions and Aaron Twerski and Neil Cohen’s important work on informed consent. Ultimately, Green disagrees with…
This Article argues that defamation should not be included in the new Restatement of Economic Torts, because, although redress of economic harm is one function of the law of libel…
Some intentional tort doctrines have developed in intriguing ways since the Restatement Second was published, and other doctrines remain contentious or obscure. From a broader perspective, we should beware of…
This Note considers cases in which plaintiffs seek reputational damages without pleading defamation. This Note focuses on instances of “stand-alone” reputational injury, where plaintiffs suffer no physical injury to their…
This Note examines the Arizona Revised Statutes as they apply to the restoration of civil rights. This Note focuses primarily on out-of-state individuals because Arizona has failed to clearly determine…
In State v. Wall, the Arizona Supreme Court unanimously held that a defendant does not forfeit his right to a lesser-included-offense instruction when he pursues an all-or-nothing defense.
This Article recounts the tumultuous history of Arizona’s corporate attorney--client privilege. It explores how the court might best address the constitutionality of a 1994 statute that “overruled” its earlier decision…
This Article traces the history and development of refusal clauses and describes the context in which the debate takes place, including the role the abortion controversy plays and the recent…
This Article analyzes the design of conservation incentives in light of behavioral psychology research and suggests ways to improve their efficacy. Psychological research offers insight into designing incentives, specifically direct…
This Note discusses the public’s First Amendment right of access to the military proceedings used to try terror detainees held at Guantanamo Bay. Article III judicial review of closure determinations…
Courts apply a variety of standards when analyzing performance in light of a “best efforts” obligation. Considering the confusion these different standards create, a universal approach is necessary. This Note…