Current Issue

The Economic Loss Rule and Liability Insurance

This Article identifies, and tries to explain, how the liability insurance regime fails to effectively translate, via insurance language and coverage litigation, the structure and purposes of the economic loss…
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New Rules for Promissory Fraud

This article summarizes our recommended reforms to the law of promissory fraud. We present these recommendations as a Draft Prestatement of the Law of Insincere Promising.
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Comparative Fault and Fraud

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…
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The Place of Reliance in Fraud

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,…
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Apportionment, Victim Reliance, and Fraud: A Comment

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…
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