7May

Response to Reasonable Expectations in Sociocultural Context

Categories: Law Review

By: David G. Epstein Under the leadership of Dean Blake Morant,[1] the Wake Forest Law Review (the “Law Review”) presented a symposium: Contracts in Context: Identity, Power and Contractual Justice. Robert Samuel, the Executive Forum Editor of the Law Review, has asked me to write a short scholarly[2] response[3] to one of the papers presented […]

25Mar

Blood Does Not a Contract Make: A Response to Professor Nancy Kim

Categories: Law Review

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By: Scott J. Burnham A society could enforce all promises. I recall a student from a South Pacific island who said that was the way of her society. She was appalled by my casual references to dirty promise breakers, convinced that they really were the scum of the earth.[1] On the other hand, a society […]

Tags: Contracts Enforceability Promise

18Mar

A Restatement (Third) of Torts: Liability for Intentional Harm to Persons-Reflections on Professor Bublick’s Thoughts

Categories: Law Review

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By: Andrew R. Klein I appreciate the opportunity to comment on the Wake Forest Law Review’s recent tort law symposium. The Law Review brought together an all-star cast of scholars who produced “must read” articles for those interested in the field. My primary concern is that excessive fragmentation of the Restatement of Torts—particularly in stable […]

Tags: American Law Institute Intentional Torts Restatement (Third) of Torts

24Feb

In Praise of Moral Judgment: The Restatement (Third) of Torts and Flagrant “Bad Guy” Trespassers

Categories: Law Review

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By: Richard L. Cupp, Jr. The Restatement (Third) of Torts is innovative in its approach to negligence liability for land possessors in cases involving intentional trespassers, and that is a good thing. Excessive creativity in a Restatement formulation would not be helpful. If a dominant jurisdictional position on an issue exists and it makes sense, […]

Tags: Intentional Trespass Restatement (Third) of Torts

24Jan

American Needle, Inc. v. NFL: Reflections on its Labor Law Implications

Categories: Law Review

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By: Timothy Davis Responding to Am. Needle, Inc. v. NFL, 130 S. Ct. 2201 (2010). Recognizing these economic realities, the Court nevertheless wisely concluded that the need for NFL teams to cooperate in order to survive economically in producing the sport of football should not shield their conduct from antitrust scrutiny. I. The Intersection of […]

Tags: Antitrust Labor Law National Football League

24Jan

The Supreme Court, Material Support, and the Lasting Impact of Holder v. Humanitarian Law Project

Categories: Law Review

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The pdf of the article may be accessed here. By: Robert Chesney Responding to Holder v. Humanitarian Law Project, 130 S. Ct. 2705 (2009). Holder v. Humanitarian Law Project may prove to be simply the beginning of a rich vein of emerging jurisprudence at the intersection of national security and civil liberties. Indeed, the majority’s determination […]

Tags: Civil liberties Constitutional Law Freedom of association National security Overinclusive Strict scrutiny

24Jan

Time and Change in Judge-Made Law: Convergence, Divisions of Authority, and the Restatement

Categories: Law Review

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By: Michael L. Wells Introduction In his contribution to Wake Forest Law School’s 2009 Symposium on the Restatement (Third) of Torts, Professor Kenneth Abraham starts with two propositions, one descriptive, the other normative. The descriptive claim is that “tort law . . . is mature and largely stable,”[1] and that “[o]ver time, the law of different states will converge.”[2] […]

Tags: American Law Institute Restatement (Third) of Torts Unified state law

24Jan

The Vast Domain of the Restatement (Third) of Torts

Categories: Law Review

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By: Vincent R. Johnson Introduction: Broad Territory When I talk to foreign audiences, I often emphasize the fact that in the United States, unlike in many other countries,[1] tort law is a large and dynamic field. However, despite my pressing that point, listeners may fail to appreciate the broad scope and importance of this area […]

Tags: American Law Institute Defamation Intentional Torts Invasion of Privacy Misrepresentation Restatement (Third) of Torts Tortious Interference

21Dec