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The Place of Reliance in Fraud
(The University of Arizona, 2006)
To prevail on a claim of common law fraud, the plaintiff must prove reliance on the defendant's misrepresentation. This requirement is puzzling, given that, under many modern formulations of the tort, the plaintiff must ...
Seeing Tort Law From the Internal Point of View: Holmes and Hart on Legal Duties
(Fordham Law Review, 2006)
What Nobody Knows
(Michigan Law Review, 2006)
This is a review of "Cunning," by Don Herzog. "Cunning" criticizes as unilluminating a set of dichotomies that are routinely invoked by modern academics to explain human behavior and to describe practical reason, including ...