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Full-Text Articles in Law
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
Faculty Scholarship
In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
Faculty Scholarship
When people hold religious views that have implications for moral choices and for the desirable uses of law, may they properly rely on those religious views in our liberal democracy? The commonly expressed ideas that church and state are separate and that no group should impose its religious views on others may seem to suggest that political dialogue and bases for political decisions should be wholly nonreligious. This position, which is the main target of this Article, receives articulate defense among prominent social philosophers. This Article urges a different position: that no commonly shared ground of decision is available for …
Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.
Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.
Faculty Scholarship
Probably to a unique degree, American law relies upon private litigants to enforce substantive provisions of law that in other legal systems are left largely to the discretion of public enforcement agencies. This system of enforcement through "private attorneys general" is most closely associated with the federal antitrust and securities laws and the common law's derivative action, but similar institutional arrangements have developed recently in the environmental, "mass tort," and employment discrimination fields. The key legal rules that make the private attorney general a reality in American law today, however, are not substantive but procedural – namely, those rules that …
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
Faculty Scholarship
No abstract provided.