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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 Dec 1999

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 Oct 1999

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 Oct 1999

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 Jul 1999

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 Apr 1999

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 Jan 1999

A Tribute To James B. Boskey, Lela P. Love

Faculty Articles

No abstract provided.


Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini’S Semiramis, Peter Goodrich Jan 1999

Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini’S Semiramis, Peter Goodrich

Faculty Articles

No abstract provided.


Bankruptcy's Organizing Principle, David G. Carlson Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price

Faculty Articles

No abstract provided.


Judicial Review, Michael Herz Jan 1999

Judicial Review, Michael Herz

Faculty Articles

No abstract provided.


The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery Jan 1999

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 Jan 1999

Review: Murphy's Law, Arthur Jacobson

Faculty Articles

No abstract provided.


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 Jan 1999

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.