Law Commons^™

Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase

Robert M Lloyd

ABSTRACT Recovery of Damages for Lost Profits: The Historical Development The rule of Hadley v. Baxendale is widely considered the most important rule of contract damages. In fact, however, the rule that damages must be proven with reasonable certainty is far more important in the modern practice of law. The reasonable certainty rule originated in Roman law and came to the common law through the civil law of Western Europe, developing first in the United States and spreading from the United States to England. The rule of Hadley v. Baxendale developed much in the same way, and, contrary to popular …

The Federal Government’S History In Public Education: Massive Reform Efforts For Political And Corporate Enhancement, Brett A. Geier

Brett A Geier

The role of the federal government in public education was purposefully absent in the formation of the United States Constitution. The Tenth Amendment delegated the power of educating the citizenry to each individual state. Therefore, each state in the nation has its own distinctive clause governing public education. The federal government's role was periphery at best. In 1965, President Johnson sought to mitigate poverty with an infusion of federal dollars for the nation's neediest students. As more funds were allocated by the federal government, the more restrictions and requirements were placed on schools. This accountability paradigm opened the door for …

The Commons, Capitalism, And The Constitution, George Skouras

George Skouras

Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.

At&T V. Concepcion: The Problem Of A False Majority, Lisa Tripp, Evan R. Hanson

Lisa Tripp

The Supreme Court’s 2011 decision in AT&T v. Concepcion is the first case where the Supreme Court explores the interplay between state law unconscionability doctrine and the vast preemptive power of the Federal Arbitration Act (FAA). Although it is considered by many to be a landmark decision which has the potential for greatly expanding the already impressive preemptive power of the FAA, something is amiss with Concepcion.

AT&T v. Concepcion is ostensibly a 5-4 majority decision with a concurring opinion. However, the differences in the majority and concurring opinions are so profound that it appears that Justice Thomas actually …

Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema

Steven G Medema

The paper examines the treatment of the Coase theorem by legal scholars during the 1960s. The analysis demonstrates that it was legal scholars, rather than economists, who took the lead in applying Coase's negotiation result in the legal realm and that the early diffusion of Coase's result in the legal literature is anything but a "Chicago" story. We also observe that legal scholars were interesting in examining the applicability of Coase's result across a wide range of legal issues and, in contrast to economists, who were preoccupied with the efficiency predication of Coase's result, tended to focus on Coase's invariance …

How Securities Regulation Really Works: A Comparative Study Of The Regulatory, Principled, And Normative Reputational Approaches To Securities Regulation, Amy Aiq

Amy Wall

This paper compares international securities regulation through the lens of a structural and historical analysis. The regulatory, principled and normative reputational models of securities regulation as exemplified by the U.S., U.K. and China are discussed. A discussion of the foundations of securities markets lays the groundwork for understanding different underlying purposes of securities regulation. The paper follows the development of securities markets from the roots of the 17th century European trading companies, through the statist polices that created the bond markets, to the transatlantic crossing and the development of the investment banking system and creation of governmental agencies enforcing securities …

The De-Evolution Of American Legal Ethics, Jennifer Schultz Reed

Jennifer Schultz Reed

That since Legal Ethics became a mandatory course in all ABA accredited law schools in 1974, there has been little, if any, perceptible change in the ethics of the legal profession. The absence of significant discernable impact is due to several factors: the failure to define what the profession means and intends by the concept of legal ethics; the inability of law schools to find coherent and successful ways to teach this subject; and the fact that the public generally continues to regard lawyers with little respect and to equate the misdeeds of some with the conduct of most. In …