Members - Michael D. Green

 
 

Michael D. GreenMichael D. Green

Professor of Law, School of Law, 
Wake Forest University, United States
 

 
     
 
Contact

School of Law
Wake Forest University
Winston-Salem, NC 27109
U.S.A.
Telephone: (+336) 758 4842
Fax: (+336) 758 4496

E-Mail: greenmd@wfu.edu
 
 
 

Curriculum Vitae

Mike Green is one of the United States’ most respected experts in the area of tort law. He currently serves as a Co-Reporter for the Restatement (Third) of Torts: Liability for Physical Harm, a publication of the prestigious American Law Institute. Mike is a co-author of one of the best selling Torts casebooks and of popular Products Liability and Toxic Torts texts. He was ranked as the 6th most cited law professor writing about torts and product liability in a recent survey. Mike has been a participating member of the European Centre of Tort and Insurance Law and the European Group on Tort Law since 2002. He is a co-author of the Reference Guide on Epidemiology in the Federal Judicial Center’s Reference Manual on Scientific Evidence, which serves as a reference on scientific disciplines for federal judges.

Employment
 
Aug 2000-Present Williams Professor of Law
Wake Forest University
Winston-Salem, NC 27109
Among the courses I regularly teach are Torts, Products Liability, Toxic Torts, Commercial Torts, Civil Procedure, and Complex Litigation. I have also taught seminars on Mass Toxic Disasters and Tort Reform. From 1996-2008, I regularly co-taught a course on Complex Litigation for state court judges at the National Judicial College in Reno, NV.
Jan 1980-2000 Professor (1985-2000) & Associate Professor (1980-85)
University of Iowa College of Law
Iowa City, Iowa 52242
In addition to Wake Forest University and the University of Iowa, I have taught as a visiting professor at Cornell University School of Law (1987-88), NYU School of Law (Fall 2005), Pepperdine School of Law (Fall 2008), and the University of Iowa College of Law (Fall 2009).
Sep 1976-Jan 1980 Associate
Schnader, Harrison, Segal & Lewis
1600 Market Street
Philadelphia, Pennsylvania 19102
Sep 1975-Sep 1976 Law Clerk
Chief Judge Joseph S. Lord, III
United States District Court for the Eastern District of Pennsylvania


Bar admission

Pennsylvania, 1975
Iowa, 1980


Education

LAW SCHOOL, UNIVERSITY OF PENNSYLVANIA
Degree: J.D. (May, 1975)
Awards: Graduated Magna Cum Laude; Order of the Coif
Activities: Law Review--Associate Editor (1973-74)
Comment Editor (1974-75)

TUFTS UNIVERSITY, MEDFORD, MASSACHUSETTS
Degree: B.S. (1972)
Major: Electrical Engineering
Awards: Graduated Summa Cum Laude; President, Eta Kappa Nu (Electrical Engineering Honor Society); Member, Tau Beta Pi (Engineering Honor Society).
 

Publications

 
Books and chapters in books
  • Epidemiologic Evidence in Toxic Tort Cases (with Steve Gold and Joseph Sanders), in FORENSIC EPIDEMIOLOGY (Michael Freeman ed. forthcoming).
  • Toxic Torts (with Steve Gold), in 4 ENCYCLOPEDIA OF TOXICOLOGY 770 (3d ed. Philip Wexler ed. 2014).
  • United States Response to Basic Questions on Tort Law from a Germanic Perspective, in II HELMUT KOZIAL, BASIC QUESTIONS ON TORT LAW FROM A GERMANIC PERSPECTIVE (forthcoming 2014).
  • PROPORTIONAL LIABILITY: ANALYTICAL AND COMPARATIVE PERSPECTIVES (2013) (co-edited with Israel Gilead and Bernhard Koch)
  • Causal Uncertainty and Proportional Liability: Analytical and Comparative Report, in PROPORTIONAL LIABILITY: ANALYTICAL AND COMPARATIVE PERSPECTIVES 1 (2013) (with Israel Gilead and Bernhard Koch).
  • PRODUCTS LIABILITY: CASES AND MATERIALS (5th ed. 2013) (with Richard Cupp, David Fischer, William C. Powers, Jr., and Joseph Sanders).
  • II RESTATEMENT (THIRD) OF TORTS: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM (forthcoming 2012) (with William C. Powers, Jr.).
  • Employers’ Liability and Workers’ Compensation in the United States (with Dan Murdock), in EMPLOYERS’ LIABILITY (Ken Oliphant ed. 2012)
  • TORT LAW AND ALTERNATIVES: CASES AND MATERIALS (9th ed. 2011) (with Marc Franklin and Robert Rabin).
  • Reference Guide on Epidemiology (with Michal Freedman and Leon Gordis), in REFERENCE MANUAL ON SCIENTIFIC EVIDENCE (3rd ed. 2011) (published by the Federal Judicial Center and National Academy of Sciences for federal and state judges).
  • Toxic and Environmental Torts (2011) (with Robin Craig, Andy Klein, and Joe Sanders)
  • I Restatement (Third) of Torts: Liability for Physical and Emotional Harm (2010) (with Gary T. Schwartz and William C. Powers, Jr.).
  • Aggregation and Divisibility of Damages in the United States: Tort Law and Insurance, in Aggregation and Divisibility of Damage 379 (Ken Oliphant, ed. 2009) (with Brooks Hanner).
  • GILBERT LAW SUMMARIES: TORTS (24th ed. 2008) (with Marc Franklin and Jonathan Cardi).
  • TORT LAW AND ALTERNATIVES: CASES AND MATERIALS (8th ed. 2006) (with Marc Franklin and Robert Rabin).
  • PRODUCTS LIABILITY: CASES AND MATERIALS (4th ed. 2006) (with David Fischer, William C. Powers, Jr., and Joe Sanders).
  • Multiple Tortfeasors Under U.S. Law, in UNIFICATION OF TORT LAW: MULTIPLE TORTFEASORS 259 (W.V. Horton Rogers ed. 2004).
  • PRODUCTS LIABILITY: CASES AND MATERIALS (3d ed. 2002) (with David Fischer, William C. Powers, Jr., and Joe Sanders).
  • RESTATEMENT (THIRD) OF TORTS: APPORTIONMENT OF LIABILITY (2000) (with William C. Powers, Jr.).
  • Reference Guide on Epidemiology (with Michal Freedman and Leon Gordis), in REFERENCE MANUAL ON SCIENTIFIC EVIDENCE (2d ed. 2000) (published by the Federal Judicial Center for federal judges).
  • BENDECTIN AND BIRTH DEFECTS: THE CHALLENGES OF MASS TOXIC SUBSTANCES LITIGATION (U. Pa. Press 1996).
  • P. LEBEL, D. OWEN & M. GREEN, PRODUCTS LIABILITY PROBLEMS (1995).
  • Reference Guide on Epidemiology (with Linda Bailey and Leon Gordis), in REFERENCE MANUAL ON SCIENTIFIC EVIDENCE (1994).
  • P. KEETON, D. OWEN, J. MONTGOMERY & M. GREEN, CASE AND STATUTORY SUPPLEMENT TO PRODUCTS LIABILITY AND SAFETY (2d ed. 1993).
  • Tort Law, Deterrence and Innovation: Too Much or Too Little?, in National Academy of Sciences--Building Research Board, THE ROLE OF PUBLIC AGENCIES IN FOSTERING NEW TECHNOLOGY AND INNOVATION IN BUILDING (A. Lemer & D. Dibner eds. 1992).
  • The Private Law Implications of Regulatory Risk Communication in the United States, in CORPORATE DISCLOSURE OF ENVIRONMENTAL RISKS (M. Baram & D. Partan eds. 1990).
  • P. KEETON, D. OWEN, J. MONTGOMERY & M. GREEN, TEACHER'S MANUAL FOR PRODUCTS LIABILITY AND SAFETY (1990).
  • P. KEETON, D. OWEN, J. MONTGOMERY & M. GREEN, PRODUCTS LIABILITY AND SAFETY (2d ed. 1989).
 
Articles
  • In Defense of Sufficiency: A Reply to Professor Twerski and Mr. Sapir, 23 WIDENER L.J. 663 (2014) (with Joe Sanders) (invited Symposium).
  • Drafting a Torts Restatement: Of Swiss cheese, Gravity, and Process 22 TORT L. REV. 31(2014) (with Bill Powers)
  • Admissibility Versus Sufficiency: Controlling the Quality of Expert Witness Testimony in the United States (forthcoming 2014) (with Joe Sanders) (invited Symposium).
  • Maligned Misalignments (forthcoming 2014) (with Israel Gilead)
  • Who Is Now Responsible for Discovering and Warning About Adverse Effects of Generic Drugs?, 310 JAMA 1023 (Sept. 11, 2013) (with Aaron S. Kesselheim & Jerry Avorn).
  • Causal Uncertainty and Proportional Liability in the U.S., in PROPORTIONAL LIABILITY: ANALYTICAL AND COMPARATIVE PERSPECTIVES 343 (Israel Gilead, Michael Green & Bernhard Koch eds. 2013).
  • 比例責任 (On Proportional Liability), 1 ANGLO-AMERICAN L. REV. 155 (2013) (with Yang Yinhong).
  • Pessimism about Milward, 3 WAKE FOREST J. L. & POL’Y 41 (2013) (invited Symposium).
  • Restating Tort Law: The American and European Styles, 3 J. EUR. TORT L. 281 (2012) (with Olivier Moréteau)
  • The Federal Employers' Liability Act: Sense and Nonsense about Causation,60 DePaul L. Rev. 503 (2012) (invited Symposium).
  • Conceptual Clarity and Necessary Muddles, 90 Tex. L. Rev. SeeAlso 41 (2011) (with W. Powers).
  • Introduction: The Third Restatement of Torts in a Crystal Ball, 37 W. Mitchell L. Rev. 993 (2011) (invited Symposium).
  • The Impact of the Civil Jury on American Tort Law, 38 Pepp. L. Rev. 337 (2011) (invited Symposium).
  • The New Restatement’s Top Ten Tools, Trial (April 2010) (with Larry Stewart).
  • The Unappreciated Congruity of the Second and Third Restatements on Design Defects, 74 Brook. L. Rev. 807 (2009) (invited Symposium).
  • Duty Wars,81 S. Cal. L. Rev. 671 (2008) (with J. Cardi).
  • Second Thoughts on Asbestos Apportionment, 37 Sw. U. L.J. 531 (2008) (invited Symposium).
  • The Insubstantiality of the “Substantial Factor” Test for Causation, 73 Mo. L. Rev. 399 (2008) (with J. Sanders and W. Powers) (invited Symposium).
  • A Future for Asbestos Apportionment?, 12 Conn. Ins. L.J. 315 (2006) (invited Symposium).
  • Apportionment, Victim Reliance, and Fraud: A Commentary, 48 Ariz. L. Rev. 1027 (2006) (invited Symposium).
  • The Impact of the Jury on American Tort Law, in European Tort Law 2005 (Helmut Koziol & Barbara C. Steininger eds. 2006).
  • The Intersection of Factual Causation and Damages, 55 DePaul L. Rev. 671 (2006) (invited Symposium).
  • The Future of Proportional Liability, in Exploring Tort Law (Stuart Madden ed. (2005) (invited Symposium).
  • The Magic of Gary’s Scholarship, 50 U.C.L.A.  L. Rev. 337 (2002) (invited Symposium).
  • Ascertaining Customary Care in Malpractice Cases: Asking Those Who Know, 37 Wake Forest L. Rev. 699 (2002) (with Tim Cramm and Arthur Hartz).
  • The Unanticipated Ripples of Comparative Negligence: Superseding Cause in Products Liability and Beyond, 53 S.C. L. Rev. 1103 (2002) (invited Symposium).
  • Physician Surveys to Assess Customary Care in Medical Malpractice Cases, 17  J. Gen Int. Med.546  (2002) (with Arthur Hartz et al.) (invited Symposium).
  • Apportionment of Liability, 10 Kan. J.L. & Pub. Pol. 30 (2000) (with William C. Powers, Jr.) (invited Symposium).
  • A. Leo Levin: A Fond Tribute to the Master of the Classroom, 148 U. Pa. L. Rev.  1357 (2000) (invited Symposium).
  • Tort Law Deference to FDA Regulation of Medical Devices, 88 Geo. L.J. 2119 (2000) (with William B. Schultz) (invited Symposium).
  • Prescription Drugs, Alternative Designs, and the Restatement (Third): Preliminary Reflections, 30 Seton Hall L. Rev.  207 (1999) (invited Symposium).
  • The Road Less Well Traveled (And Seen): Contemporary Law Making in Products Liability, 49 DePaul L. Rev. 377 (1999) (invited Symposium).
  • Cipollone Revisited: A Not So Little Secret About the Scope of Cigarette Preemption, 82 Iowa L. Rev. 1257 (1998).
  • Safety as an Element of Pharmaceutical Quality: The Respective Roles of Regulation and Tort Law, 42 St. Lou. U.L. Rev. 163 (1998) (invited Symposium).
  • Fairness and Successor Liability: The Limits of the Common Law Process, 8 Kan. J.L. & Pub. Pol. 119 (1998) (invited Symposium).
  • The Impact ofDauberton Statistically-Based Evidence in the Courts, 1998 Proc. Sec. Stat. Epidem. 35 (invited Symposium).
  • Legacies of the Bendectin Case (book review), 278 Sci. 1574 (1997).
  • Negligence = Economic Efficiency: Doubts >, 75 Tex. L. Rev.  1605 (1997) (invited Symposium).
  • Statutory Compliance and Tort Liability: Examining the Strongest Case, 20 U. Mich. J.L. Ref. 461  (1997) (invited Symposium).
  • Science is to Law as the Burden of Proof is to Significance Testing(book review), 37 Jurimetrics J. 205 (1997)
  • When Science Clashes With Law(book review), Chem. & Eng. News, at 63 (Nov. 25, 1996).
  • The Schizophrenia of Risk-Benefit Analysis in Design Defect Litigation, 48 Vand. L. Rev. 609 (1995).
  • Successors and CERCLA: The Imperfect Analogy to Products Liability and an Alternative Proposal, 87 Nw. U.L. Rev. 897 (1993).
  • Relief at the Frying ofFrye: Reflections on Daubert v. Merrell Dow Pharmaceuticals, 1 Shep. Expert & Sci. Evid. Q. 43 (1993).
  • Expert Witnesses and Sufficiency of Evidence in Toxic Substances Litigation: The Legacy of Agent Orange and Bendectin Litigation, 86 Nw. U.L. Rev. 643 (1992).
  • The Supreme Court and the Products Liability Crisis: Lessons from Boyle's Government Contractor Defense, 63 S. Cal. L. Rev. 637 (1990) (with R. Matasar).
  • When Toxic Worlds Collide:  Prescriptions for Regulatory and Common Law Reform for Risk Communication, 13 Harv. Envt'l. L. Rev. 209 (1989).
  • The Paradox of Statutes of Limitations in Insidious Disease Litigation, 76 Cal. L. Rev. 965 (1989).
  • Contingent Attorneys' Fees:  Theory and Experience, 62 J.L. Inst. Vict. 1182 (1988) (invited Symposium).
  • Successor Liability:  The Superiority of Statutory Reform to Protect Products Liability Claimants, 72 Cornell L. Rev. 17 (1986).
  • The Inability of Offensive Collateral Estoppel to Fulfill Its Promise:  An Examination of Estoppel in Asbestos Litigation, 70 Iowa L. Rev. 141 (1984) (invited Symposium).
  • From Here to Attorney's Fees:  Certainty, Efficiency and Fairness in the Journey to the Appellate Courts, 69 Cornell L. Rev. 207 (1984).
Amicus briefs 

  • Brief of Senator Edward Kennedy and Representative Henry A. Waxman, as Amicus Curiae in Support of Petitioners, in Riegel v. Medtronic, Inc., 552 U.S. 312 (2008).
  • Brief of Michael Green and Sander Greenland as Amici Curiae in Support of Plaintiffs-Appellants, in Rider v. Sandoz Pharmaceuticals, Inc., 295 F.3d 1194 (11th Cir. 2002).
Work in progress
  • Medical Technology and Products Liability
  • The Impact of Reform of Land Possessor Duties on Liability
Activities and awards
  • Co-Reporter and R. Ammi Cutter Reporter (2001-06), Restatement (Third) of Torts: Liability for Physical and Emotional Harm, American Law Institute  (2000-12)
  • Founding Member and Executive C ommittee Member, World Tort Law Society (2012-present)
  • Member, European Group on Tort Law (2002-present)
  • Fellow, European Centre of Tort and Insurance Law (2002-present)
  • Member, Editorial Advisory Board, Journal of European Tort Law (2009-present)
  • Member, Board of Directors, Legal Aid Society of Northwest North Carolina (2002-08) 
  • Co-Reporter, Restatement (Third) of Torts: Apportionment of Liability, American Law Institute (1993-99)
  • Member, Advisory Committee, Restatement (Third) of Torts: Products Liability, American Law Institute (1992-97)
  • Member, Faculty Senate and Senate Executive Committee, Wake Forest Univerity (2010-present)
  • Member, University of Iowa Presidential Search Committee (1995)
  • Member, National Academy of Sciences/National Research Council, Building
  • Research Board Committee on Technology and Innovation (1990-92)
  • Member, Board in Control of Athletics, University of Iowa (1998-2000) and Chair, Student Welfare Committee (1998-99)
  • Member, Wake Forest School of Law Dean Search Committee (2006-07)
  • Chair, Section on Tort and Compensation Systems, AALS (1998)
  • Member, Steering Committee, AAAS Demonstration Project on Court Appointed         Experts (1994-95)
  • Member and Chair (2004-05), Faculty Appointments Committee, Wake Forest School of Law (2000-06)
  • Member (2004-05) Wake Forest University Health Sciences Institutional Review Board
  • Joseph Branch Excellence in Teaching Award, Wake Forest School of Law (2003)
  • Teacher of the Year Award, University of Iowa College of Law (1999) 
  • Member, American Law Institute (1988-present) 
  • Member and Chair (2004-05), Finance Committee, Habitat for Humanity of Forsyth County (2003-05)
  • Presiding Officer, Faculty Judicial Commission, University of Iowa (1994-2000)
  • Chair, Task Force to Revise Faculty Dispute Procedures (1995-97)
  • Member, Issues Committee, National Association of Consumer Advocates (1996- 2001)
  • Member, Steering Committee, Literature Science and the Arts Program, University of Iowa (1996-2000)
  • Vice-Chair, Products, General Liability, and Consumer Law Committee, ABA Section on Tort and Insurance Practice (1996-99)
  • Co-Chair, Pharmaceutical and Medical Device Litigation Subcommittee, Mass Torts Litigation Committee, ABA Section on Litigation (2005-06)
  • Member, Committee on Sections, AALS (1998-2000) and Chair (1999-2000)
  • Member, Committee on Professional Development, AALS (2005-08)
  • Member, College of Engineering Review Committee (1998)
  • Ombudsperson, College of Law (1986, 1998)
  • Member, Faculty Senate, University of Iowa (1986-1989)
  • Member and Vice-President (1986-1987), Board of Directors, Iowa C.L.U. (1983-87) 
  • Member, Board of Directors, Children's Living Foundation, Inc. (Iowa City Ronald McDonald House) (1986-93)
  • Member, Board of Directors, Iowa Pharmacy Service Corp. (a Blue Cross/Blue Shield Affiliate) (1984-1987) 
  • Member, Faculty Council, University of Iowa (1986-89)
  • Member and Chair (1984-85), University Security Committee (1983-86)
  • Member, University of Iowa Hospitals & Clinics Director Search Committee (1993-94)
  • Member, University of Iowa General Counsel Search Committee (1992)
  • Member, Iowa City City Attorney Selection and Screening Committee (1984-85)
  • Member, University Council on Teaching (1981-84)
  • Consultant, Joint Interim Committee of Iowa Legislature on Comparative Fault (1983)
  • Consultant, American College Testing in preparation of LSAT (1981-82; 1988)
  • Lecturer and Presenter, numerous legal symposia and CLE programs (1980-present), including the ABA Section on Litigation Midyear Meeting and Committee on Products Liability; ABA Section on Tort and Insurance Practice; the Federal Judicial Center Programs on Scientific Evidence for Federal Judges; ALI/ABA; National Judicial College, Reno, NV; AALS Annual Meeting; Institute of Medicine, National Academies of Sciences: Committee on Alternative Models to Daubert; Rand Institute for Civil Justice; National Practice Institute; Defense Research Institute; Product Liability Advisory Council; American Association for Justice Annual Meeting; United States District Court for the District of Nevada Annual Conference; The Annapolis Center; The Law and Organizational Economics Center, AEI-Brookings Joint Center on Regulatory Studies; Northwestern Law School Judicial Education Program; Brooklyn Law School; University of Kansas; Health Law & Policy Program, Seton Hall University; University of Arizona; Project on Scientific Knowledge and Public Policy: Coronado Conference III;  American Statistical Association Annual Meeting, Society for Epidemiologic Research; Annual Meeting, United States Court of Federal Claims' Judicial Conference; Pepperdine School of Law; Wyoming Bar Association Annual Meeting, Iowa Association of Trial Lawyers; Department of Epidemiology, University of North Carolina; Iowa Judicial Institute; Iowa Defense Counsel Association; North Carolina Association of Defense Counsel; North Carolina Academy of Trial Lawyers; Clifford Symposium, DePaul University College of Law; University of Connecticut School of Law, University of Kentucky College of Law; Pace University School of Law; Food, Drug, and Law Institute; University of Nevada Center for Democratic Culture; Cleveland-Marshall College of Law; Washington University School of Law; William Mitchell School of Law; National Legal Center for the Public Interest; American Philosophical Association Annual Meeting; Trial Attorneys of America; Iowa State Bar Association; University of Iowa College of Medicine and College of Law; Indiana University School of Law; UCLA School of Law; Cornell University School of Law; University of Girona (Spain), Department of Law; Charles University (Czech Republic), Department of Law; Louisiana Association of Defense Counsel; Louisiana Judicial College; Center for Progressive Reform; World Tort Law Society, Heilongjiang University (China); Fleming Annual Lecture, Boalt Hallo School of Law, University of California at Berkeley.
References
  • Available on request.

 

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