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Articles 1 - 18 of 18
Full-Text Articles in Law
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Faculty Articles
Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.
Amin V. Amin, Izhak Englard, Theodor Or, Itzchak Zamir
Amin V. Amin, Izhak Englard, Theodor Or, Itzchak Zamir
Translated Opinions
Facts: Three children, orphaned of their mother, were emotionally abandoned by their father, who refused all contact with them. The emotional neglect caused them severe psychological damage that continues to impede on their adult lives. The children sued their father in tort for emotional damage and won at the district court. The father appealed.
Held: The father’s severe emotional neglect of his children breached his duties under the Legal Capacity law, which, inter alia, requires parents to provide for the educational needs of their children. Education includes equipping children with the basic life skills. A parent must act for the …
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Faculty Articles
No abstract provided.
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Faculty Articles
In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Faculty Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
A Tribute To James B. Boskey, Lela P. Love
Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini’S Semiramis, Peter Goodrich
Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini’S Semiramis, Peter Goodrich
Faculty Articles
No abstract provided.
Bankruptcy's Organizing Principle, David G. Carlson
Bankruptcy's Organizing Principle, David G. Carlson
Faculty Articles
No abstract provided.
Getting To Nafta: A Review Of Interpreting Nafta By Frederick W. Mayer, Andrea Kupfer Schneider
Getting To Nafta: A Review Of Interpreting Nafta By Frederick W. Mayer, Andrea Kupfer Schneider
Faculty Articles
No abstract provided.
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Faculty Articles
Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …
The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder
The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder
Faculty Articles
No abstract provided.
Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine
Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine
Faculty Articles
No abstract provided.
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Faculty Articles
In his last dialogue, the Laws, Plato views citizens in the polis as players in a game. Just as contemporary game theory, Plato considers games to be states of strategic interaction. Yet the game of the Laws differs from those of game theory in one important respect. Where game theory assumes that players are rational--that they choose strategies, or rules for taking action at each instant of a game, in order to maximize payoffs--Plato explores the conditions under which rationality, as game theory defines it, is possible.
Plato thus agrees with game theory that rational, maximizing behavior is a necessary …
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Faculty Articles
No abstract provided.
Judicial Review, Michael Herz
The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Faculty Articles
No abstract provided.
Review: Murphy's Law, Arthur Jacobson
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Faculty Articles
No abstract provided.