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Full-Text Articles in Law
Risk Magnified: Standing Under The Statist Lens, Mary D. Fan
Risk Magnified: Standing Under The Statist Lens, Mary D. Fan
Articles
Why some harms count before the courts and others do not is a matter of acute expressive and practical impact. Judicial refusal to see claimed injuries is an effective denial of legal personhood and a bar from powerful judicial machinery. The issue of “erratic, even bizarre” judicial recognition of supplicants vexed Professor Joseph Vining as early as 1978. Recent scholarship argues that injuries are seen through a subjective lens, reflecting the relative privilege of the judiciary and their concomitant difficulties in perceiving injuries to minorities and the poor. This is a troubling contention. So long as another, objective explanation remains, …
Incorporating Literary Methods And Texts In The Teaching Of Tort Law, Zahr K. Said
Incorporating Literary Methods And Texts In The Teaching Of Tort Law, Zahr K. Said
Articles
Literature is comparatively under-investigated as an arena for tort pedagogy and for first-year courses in the legal curriculum generally. Where literature tends to appear in law school, it most frequently does so in the form of stand-alone law-and-literature classes, which usually focus heavily on literature.
In teaching a first-year tort law course at the University of Washington School of Law, I have explicitly used literature to aid and amplify legal analysis. The emphasis has been on law, rather than on literature. Nonetheless, literary texts and methods helped my students investigate how the law conceives of, and expresses, duties and losses …
Admiralty's In Extremis Doctrine: What Can Be Learned From The Restatement (Third) Of Torts Approach?, Craig H. Allen
Admiralty's In Extremis Doctrine: What Can Be Learned From The Restatement (Third) Of Torts Approach?, Craig H. Allen
Articles
The in extremis doctrine has been part of maritime collision law in the U.S. for more than one hundred and sixty years. One would expect that a century and a half would provide ample time for mariners and admiralty practitioners and judges to master the doctrine. Alas, some of the professional nautical commentary and even an occasional collision case suggest that the doctrine is often misunderstood or misapplied. A fair number of admiralty writers fail to understand that the in extremis doctrine is not a single "in extremis rule," but rather several rules, all of which are related to the …