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This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson
This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson
All Faculty Scholarship
Classified advertisements in newspapers and magazines represent a uniquely democratic access to the media for the individual. Without having to pay the thousands of dollars for full-page advertisements, buyers and sellers can purchase space for their offers for only a few dollars, yet have them seen by city-wide or nation-wide audiences. Democracy, though, breeds its own excesses, and the legal question is always how to control that excess without harming the freedom.
As befits a medium open to all, classified advertisements run the gamut of human activity, from the sale of a used automobile to employment to lonely singles looking …
Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley
Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley
Cleveland State Law Review
What we need is a uniformly accepted theory that explains the tort liability system in terms of its ultimate social function. The reason we don't have one, I will argue, is that our understanding of the tort liability system has been skewed by an earlier, flawed attempt at descriptive theory. Before embarking on a new search for a descriptive theory, we first ought to formulate a search plan, sometimes called, forbiddingly, a "theoretical methodology." Using John Finnis's social science methodology, we can identify the two halves of the focal case of tort liability: intentional battery and negligent infliction of personal …