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Full-Text Articles in Law

Does Failure To Mitigate Damages Bar Recovery Of The Costs Of Mitigation, Gregory Crespi Mar 2018

Does Failure To Mitigate Damages Bar Recovery Of The Costs Of Mitigation, Gregory Crespi

Hofstra Law Review

It is well established that a person who makes reasonable efforts to mitigate her damages after a breach of contract will be able to recover the costs of those mitigation efforts as incidental damages, and that a person who fails to make such efforts will be denied recovery of the damages that could have been avoided. But will a person who fails to take reasonable efforts to mitigate damages still be able to recover the probable cost of those mitigation efforts as an offset against the reduction in her damages for failure to mitigate, even though she did not incur ...


It'll Break Your Heart Every Time: Race, Romanticism And The Struggle For Civil Rights In Litigating Baseball's Antitrust Exemption, John Tehranian Mar 2018

It'll Break Your Heart Every Time: Race, Romanticism And The Struggle For Civil Rights In Litigating Baseball's Antitrust Exemption, John Tehranian

Hofstra Law Review

The recent blockbuster 42 romanticizes the role of major league baseball in the civil rights movement. But Jackie Robinson’s shattering of the color line in 1947 represented only the first step in the game’s evolution. With considerably less fanfare, Curt Flood took the next step. Flood’s ill-fated challenge to the infamous reserve clause landed him before the United States Supreme Court in 1972. It’ll Break Your Heart Every Time casts new light on Flood’s underappreciated legal struggle by presenting a meta-meditation on his lawsuit, the fallibility of judges and the power of the National Pastime ...


Lsat Practicum: An Application Of Human Based Computation, Seth Rivett Mar 2018

Lsat Practicum: An Application Of Human Based Computation, Seth Rivett

Student Scholarship - Computer Science

Human-based computation can be applied to solve problems too hard for a single computer. Crowdsourcing can be applied to ethical modeling by splitting ethical situations among humans. In this senior research project, the crowdsourcing method is applied to produce an ethical model for what web crawlers are allowed to do on websites. By evaluating questions about terms of use on a website, users provide context for the robots. An obstacle to this project is getting the right crowd to participate in the problem. The crowd of potential law students was selected as students typically answer questions to study for a ...


Settling Direct Disputes With Sovereigns: Striving For Transparency In The Settlement Of Public-Private Partnership Disputes, Joao Ribeiro-Bidaoui, Tony Andriotis, Soo-Hyun Lee, Jean-Isamu Taguchi Mar 2018

Settling Direct Disputes With Sovereigns: Striving For Transparency In The Settlement Of Public-Private Partnership Disputes, Joao Ribeiro-Bidaoui, Tony Andriotis, Soo-Hyun Lee, Jean-Isamu Taguchi

Journal of International Business and Law

No abstract provided.


Global Climate Change: An Issue That Mandates Government Or Corporate Social Responsibility, Laura Stoss Mar 2018

Global Climate Change: An Issue That Mandates Government Or Corporate Social Responsibility, Laura Stoss

Journal of International Business and Law

No abstract provided.


"The True Cost Of Selling Your Organs On Egypt's Illegal Black Market", Kimberly Wilkens Mar 2018

"The True Cost Of Selling Your Organs On Egypt's Illegal Black Market", Kimberly Wilkens

Journal of International Business and Law

No abstract provided.


Captivating Deductions, Charlene D. Luke Mar 2018

Captivating Deductions, Charlene D. Luke

Hofstra Law Review

This Article examines the technique of converting non-deductible savings into deductible insurance premiums. This savings conversion mechanism is generally labeled “captive insurance,” but as this Article explains, the issue extends beyond the use of related insurance subsidiaries to include insurance contracts that are, in substance, designer investment contracts. This Article explores how moving away from reliance on a particular definition of insurance and towards normative income tax principles provides a clearer path for policing the boundary between savings and insurance contracts for income tax purposes. The governing principle is straightforward: a deduction for an insurance premium should not be allowed ...


Norming In Administrative Law, Jonathan Masur, Eric A. Posner Mar 2018

Norming In Administrative Law, Jonathan Masur, Eric A. Posner

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle Mar 2018

Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle

Genocide Studies and Prevention: An International Journal

Review of La Muerte del Verdugo. Reflexiones Interdisciplinarias Sobre el Cadáver de los Criminales de Masa, ed. Séviane Garibian (Buenos Aires: Miño y Dávila editores, 2016)


Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law Mar 2018

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Incorrigible Students: A Criminal Oxymoron?, Shannon Lewry Mar 2018

Incorrigible Students: A Criminal Oxymoron?, Shannon Lewry

Notre Dame Law Review

The Note proceeds in two Parts. The remainder of the Introduction presents a closed door: the Supreme Court’s hesitancy, to date, to find juvenile- life-without-parole sentences unconstitutional under the Eighth Amendment. After exploring the contours of the closed Door, the Introduction turns to an open window: education law. This, I argue, may be wielded to attack the lawfulness of juvenile-life-without-parole sentences on wholly nonconstitutional grounds. The Introduction concludes with remarks regarding this Note’s relevance and timeliness. Part I tracks the Note’s central argument, premise by premise, that state compulsory education laws and juvenilelife- without-parole sentences are wholly ...


Introduction: Administrative Lawmaking In The Twenty-First Century, Jeffrey A. Pojanowski Mar 2018

Introduction: Administrative Lawmaking In The Twenty-First Century, Jeffrey A. Pojanowski

Notre Dame Law Review

It is always hard to map a river while sailing midstream, but the current state of administrative law is particularly resistant to neat tracing. Until the past few years, administrative law and scholarship was marked by pragmatic compromise: judicial deference on questions of law (but not too much and not all the time) and freedom for agencies on questions of politics and policy (but not to an unseemly degree). There was disagreement around the edges—and some voices in the wilderness calling for radical change—but they operated within a shared framework of admittedly unstated, and perhaps conflicting, assumptions about ...


Illegitimate Overprescription: How Burrage V. United States Is Hindering Punishment Of Physicians And Bolstering The Opioid Epidemic, Alyssa M. Mcclure Mar 2018

Illegitimate Overprescription: How Burrage V. United States Is Hindering Punishment Of Physicians And Bolstering The Opioid Epidemic, Alyssa M. Mcclure

Notre Dame Law Review

Due to the concerns Burrage raises and its implications for the nation’s current opioid crisis, this Note proposes that Congress should broaden the circumstances in which the penalty enhancement of section 841(b) may be applied. Part I of this Note discusses the opioid crisis and the role physicians play in it. Part II explores the section of the Controlled Substances Act used to criminally charge physicians and the exception the Act provides for physicians prescribing opioids within the scope of relevant medical conduct and professional practice. Part III analyzes Burrage v. United States and examines the immediate legal ...


The Current Predatory Nature Of Land Contracts And How To Implement Reforms, Stacy Purcell Mar 2018

The Current Predatory Nature Of Land Contracts And How To Implement Reforms, Stacy Purcell

Notre Dame Law Review

Because land contracts are frequently inequitable, advocates and legislators have called for enhanced regulation. This Note examines the imbalance of power between sellers and buyers during the formation of land contracts, the ways the law has attempted to lessen the inequality, and how to implement potential reforms. Part II discusses the history of land contracts and their recent resurgence since the 2008 housing crash. Part III explains that while current land contracts are often predatory, land contracts could potentially be a useful way for low-income individuals to become homeowners. Part IV outlines proposed national and state reforms. Part V makes ...


Fixing Our Aging Infrastructure: How To Pay For Airport Improvements, Maryanne Santini Mar 2018

Fixing Our Aging Infrastructure: How To Pay For Airport Improvements, Maryanne Santini

Hofstra Law Review

No abstract provided.


An Interdisciplinary Perspective On Economic Models In Complex Litigation, Jeff Todd Mar 2018

An Interdisciplinary Perspective On Economic Models In Complex Litigation, Jeff Todd

Hofstra Law Review

Courts lack consistency and coherence in admissibility decisions regarding expert testimony based on economic models. Legal commentators have addressed the issue, but their conclusions range from treating questions about economic models as law to treating them as routine fact-finding. Evidence law bases admissibility upon the standards of the relevant field, and a substantial body of scholarship by economics methodologists conceives of models as tropes and economists as storytellers. Accordingly, models should be evaluated in the context of their use and by their target audience, which in complex litigation is the jury. The economics scholarship therefore supports a lower admissibility threshold ...


The Perfect Storm: Weathering Puerto Rico's Fiscal Crisis In The Wake Of Hurricane Maria, Victoria Zorovich Mar 2018

The Perfect Storm: Weathering Puerto Rico's Fiscal Crisis In The Wake Of Hurricane Maria, Victoria Zorovich

Hofstra Law Review

No abstract provided.


Chairs, Stairs, And Automobiles: The Cultural Construction Of Injuries And The Failed Promise Of Law, David M. Engel Mar 2018

Chairs, Stairs, And Automobiles: The Cultural Construction Of Injuries And The Failed Promise Of Law, David M. Engel

Contributions to Books

Published as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.


Populist Constitutions, David Landau Mar 2018

Populist Constitutions, David Landau

Scholarly Publications

This Essay draws on recent academic definitions of populism and recent examples of its use in order to show that there is an affinity between populism and widespread constitutional change. It argues that populists use constitutional change to carry out three functions: deconstructing the old institutional order, developing a substantive project rooted in a critique of that order, and consolidating power in the hands of populists. Thus, access to the tools of constitutional change may accentuate both the promise of populism as a corrective to stagnating liberal democracies and the threat that it poses to those constitutional orders. I also ...


Reframing The Mediation Debate In Irish All-Issues Divorce Disputes: From Mediation Vs. Litigation To Mediation And Litigation, Deirdre Mcgowan Mar 2018

Reframing The Mediation Debate In Irish All-Issues Divorce Disputes: From Mediation Vs. Litigation To Mediation And Litigation, Deirdre Mcgowan

Articles

Mediation currently plays a minor role in the Irish family justice system, yet a policy consensus exists that more couples should be encouraged to mediate and that increased rates of mediation will reduce the numbers seeking redress through the courts. The recently published Mediation Act 2017 adopts this position, assuming that the provision of information on mediation will increase uptake and that mediation offers an alternative to litigation for most civil disputes. This article reviews attempts in Ireland, England and Wales to encourage family disputants to mediate, identifying weaknesses in the information strategy. It also examines the legal framework governing ...


Tracing Equity: Realizing And Allocating Value In Chapter 11, Edward J. Janger, Melissa B. Jacoby Mar 2018

Tracing Equity: Realizing And Allocating Value In Chapter 11, Edward J. Janger, Melissa B. Jacoby

Faculty Scholarship

No abstract provided.


Criminal Procedure And The Good Citizen, I. Bennett Capers Mar 2018

Criminal Procedure And The Good Citizen, I. Bennett Capers

Faculty Scholarship

No abstract provided.


Confidential Witness Interviews In Securities Litigation, Gideon Mark Mar 2018

Confidential Witness Interviews In Securities Litigation, Gideon Mark

North Carolina Law Review

No abstract provided.


Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz Mar 2018

Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz

Genocide Studies and Prevention: An International Journal

The present article aims to confront the Swiss practice regarding the prevention of genocide and mass atrocities in Swiss foreign policy and its particularities shaping its international relations. Neutrality, a core part of Switzerland's identity on both the internal political level and the international level, will be at the center of our analysis. Indeed, how can a country engage in prevention activities while keeping its neutral status? How does neutrality influence these activities throughout times? What foreseeable impact could neutrality have on them? To answer these questions, the article will be divided as follow: the first part will be ...


Tiered Constitutional Design, David Landau, Rosalind Dixon Mar 2018

Tiered Constitutional Design, David Landau, Rosalind Dixon

Scholarly Publications

Scholarship has posited two models of constitutionalism. One is short, abstract, and rigid, like the United States Constitution. The other is lengthy, detailed, and flexible, like the constitutions found in many U.S. states and in many other countries around the world. This Article argues that there is a descriptively common and normatively attractive third model: tiered constitutional design. A tiered design aims to combine the virtues of rigidity and flexibility by creating different rules of constitutional amendment for different parts of the constitution. Most provisions are made fairly easy to change, but certain articles or principles are given higher ...


Courts’ Limited Ability To Protect Constitutional Rights, Adam S. Chilton, Mila Versteeg Mar 2018

Courts’ Limited Ability To Protect Constitutional Rights, Adam S. Chilton, Mila Versteeg

Journal Articles

No abstract provided.


March 2018 Newsletter Mar 2018

March 2018 Newsletter

Ergo

No abstract provided.


Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier Mar 2018

Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier

Scholarly Publications

Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the ...


Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos Mar 2018

Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos

Faculty Scholarship

No abstract provided.


The Challenge Of Free Speech On Campus, Erwin Chemerinsky Mar 2018

The Challenge Of Free Speech On Campus, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.