Law Commons^™

Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

3 pages.

Includes bibliographical references

"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"

"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"

Of Equal Wrongs And Half Rights, Gideon Parchomovsky, Peter Siegelman, Steven Thel

All Faculty Scholarship

With a tiny handful of exceptions, common law jurisprudence is predicated on a “winner-take-all” principle: the plaintiff either gets the entire entitlement at issue or collects nothing at all. Cases that split an entitlement between the two parties are exceedingly rare. While there may be sound reasons for this all-or-nothing rule, we argue in this Article that the law should prefer equal division of an entitlement in a limited but important set of property, tort and contracts cases. The common element in such cases is a windfall, a gain or loss that occurs despite the fact that no ex ante …

Private Liability For Reckless Consumer Lending, John A. E. Pottow

Articles

Congress recently enacted amendments to the Bankruptcy Code that possess the overarching theme of cracking down on debtors due to the increasing rate at which individuals have been filing for bankruptcy. Taking into account the correlation between the overall rise in consumer credit card debt and the rate of individual bankruptcy filings, the author nevertheless hypothesizes that not all credit card debt is troubling. Instead, the author proposes that the catalyst driving individual bankruptcy rates higher than ever is the level of "bad credit"-or credit extended to individuals even though there is a reasonable likelihood that the individual will be …