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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright
Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright
Substantive Corrective Justice, In Symposium, Corrective Justice And Formalism, Richard W. Wright
Richard W. Wright
No abstract provided.
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Dalhousie Law Journal
In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …
Subject: Object, Jeanne L. Schroeder
Subject: Object, Jeanne L. Schroeder
University of Miami Law Review
No abstract provided.
The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury
The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury
Indiana Law Journal
No abstract provided.
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
Dalhousie Law Journal
It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …
An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea
An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea
University of the District of Columbia Law Review
No abstract provided.
Incommensurability As A Jurisprudential Puzzle, Richard Warner
Incommensurability As A Jurisprudential Puzzle, Richard Warner
All Faculty Scholarship
No abstract provided.
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Washington and Lee Law Review
No abstract provided.
Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker
Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker
Vanderbilt Law Review
After the Civil War, Congress enacted a statutory private right of action to ensure the protection of an individual's federal civil rights." This right of action, now codified at Title 42, Section 1983 of the United States Code, creates liability for anyone who, acting under a state law, program, or policy, infringes on an individual's federal rights. Although the authors of Section 1983 intended the statute to serve primarily as a mechanism for the protection of federal constitutional rights, the United States Supreme Court has recognized that Section 1983 is a valid tool for enforcing a wide variety of statutorily …
The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin
The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin
Vanderbilt Law Review
In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is "the ultimate answer to the commandment 'Know thyself.' ""
The decision to fund this Initiative, the largest biology project in …
Incommensurability As A Jurisprudential Puzzle, Richard Warner
Incommensurability As A Jurisprudential Puzzle, Richard Warner
Richard Warner
No abstract provided.
Aristotle On Political Justice (Symposium), Steven J. Heyman
Aristotle On Political Justice (Symposium), Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Positive And Negative Liberty, Steven J. Heyman
Positive And Negative Liberty, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Positive And Negative Liberty, Steven J. Heyman
Positive And Negative Liberty, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Aristotle On Political Justice (Symposium), Steven J. Heyman
Aristotle On Political Justice (Symposium), Steven J. Heyman
Steven J. Heyman
No abstract provided.
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
From Libertarianism To Egalitarianism, Justin Schwartz
From Libertarianism To Egalitarianism, Justin Schwartz
Justin Schwartz
A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun
Scholarly Articles
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
Scholarly Articles
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon
The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon
Hofstra Law Review
No abstract provided.
A Meditation On The Theoretics Of Practice, Robert Dinerstein
A Meditation On The Theoretics Of Practice, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
South Carolina Whistleblower Protection: The Good, The Bad, And The Ugly, Craig Berman
South Carolina Whistleblower Protection: The Good, The Bad, And The Ugly, Craig Berman
South Carolina Law Review
No abstract provided.
The Value Of Friendship In Law And Literature, Michael J. Kaufman
The Value Of Friendship In Law And Literature, Michael J. Kaufman
Fordham Law Review
Once thought to be indespensible to a good life, the value of friendship has been swept away by the most recent trends in philosophical, literary, and legal thought. After tracing the subtle decline in the value of friendship, this Article employs these very trends to redefine and resurrect that value, particularly within American law. A good work of art is one which elevates its own art-form by successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and literature. …
From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan
From Righteousness To Beauty: Reflections On Poethics And Justice As Translation, Emily A. Hartigan
Faculty Articles
Both Richard Weisberg and James Boyd White are eminent figures in the academic field of law and literature. As lines between philosophy and literature blur, the stance of “judgment” becomes more like a reflective aesthetic evaluation than a critique through formal logic. Law is, as Weisberg and White agree, more art than science. Yet, for all their contributions to the study of law, including their ostensibly shared realm of mediation, the two create a combative, hierarchic tone of discourse by the near-total exclusion of women from their texts.
Law as conversation is not primarily war through or with words. Rather, …
A Mirror For The Magistrate, Paul Campos
Writing For Judges, Pierre Schlag
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
Scholarly Works
In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …