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"Cyborg Justice" And The Risk Of Technological-Legal Lock-In, Rebecca Crootof
"Cyborg Justice" And The Risk Of Technological-Legal Lock-In, Rebecca Crootof
Law Faculty Publications
Although Artificial Intelligence (AI) is already of use to litigants and legal practitioners, we must be cautious and deliberate in incorporating AI into the common law judicial process. Human beings and machine systems process information and reach conclusions in fundamentally different ways, with AI being particularly ill-suited for the rule application and value balancing required of human judges. Nor will “cyborg justice”—hybrid human/AI judicial systems that attempt to marry the best of human and machine decisionmaking and minimize the drawbacks of both—be a panacea. While such systems would ideally maximize the strengths of human and machine intelligence, they might also …
A Short And Happy Guide To Contracts, David G. Epstein
A Short And Happy Guide To Contracts, David G. Epstein
Law Faculty Publications
In this book we will reveal the rules of contract law in as straightforward and clear a fashion as they permit. But we will also talk some about policy and the difference between the two. Policy reflects the normative objectives we want to attain, and the rules are the vehicles for getting us there. In this book, we are going to break the subject of contracts into seven short questions: 1. Has a deal been made? 2. Is the deal enforceable? 3. Are there defenses to enforcement of the deal? 4 What are the terms of the deal? 5. When …
Response: There Is No New General Common Law Of Severability, Kevin C. Walsh
Response: There Is No New General Common Law Of Severability, Kevin C. Walsh
Law Faculty Publications
In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.
Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein
Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein
Law Faculty Publications
fiscal years and deducted the overpayment from its payments to H during that year. The fiscal year 2000 was also the year that H filed for Chapter 11. H filed an adversary proceeding against US contending that the deductions within four months before H's bankruptcy filing were voidable preferential transfers and that US's deductions after the bankruptcy filing were in violation of the automatic stay. The bankruptcy judge, the district court judge, and a unanimous appellate court panel looked to the law of recoupment to hold that US's reduction of payments was neither a preferential transfer nor a violation of …
Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson
Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson
Law Faculty Publications
The fundamental ideal to which we aspire in the field of civil procedure is the perfect balance between expeditious results and correct results in the administration of justice. Two famous quotations from two famous English Equity judges come to mind. John Scott, Lord Eldon, the Lord Chancellor of Great Britain from 1801 to 1827 who was often criticized for being excessively dilatory, said, 'sat cito si sat bene'. Sir George Jessel, Master of the Rolls from 1873 to 1883, once said, 'I may be wrong and sometimes am, but I never have any doubts'. Jessel had his docket under firm …
Edmund Pendleton, William Hamilton Bryson
Edmund Pendleton, William Hamilton Bryson
Law Faculty Publications
Judge Edmund Pendleton, was the head of the Virginia judiciary from its professionalization upon independence from Great Britain until his death. It was in his court and under his eye that John Marshall, Bushrod Washington, St. George Tucker, Spencer Roane, and the other lawyers of the first period of republican Virginia refined their legal skills. His steady example influenced in one way or another a remarkable generation of lawyers and judges.
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …
Virginia Manuscript Law Reports, William Hamilton Bryson
Virginia Manuscript Law Reports, William Hamilton Bryson
Law Faculty Publications
Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Law Faculty Publications
Rules 2:41 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. 3 Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute,4 it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.
English Common Law In Virgina, William Hamilton Bryson
English Common Law In Virgina, William Hamilton Bryson
Law Faculty Publications
By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
Law Faculty Publications
The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …
Discovery Of Penalites, William Hamilton Bryson
Discovery Of Penalites, William Hamilton Bryson
Law Faculty Publications
The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Law Faculty Publications
An analysis on a worker's compensation case decided by the Supreme Court of Florida.