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2003

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Institution
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Articles 151 - 180 of 269

Full-Text Articles in Law

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone Jan 2003

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone

Articles

No abstract provided.


Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg Jan 2003

Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg

Articles

No abstract provided.


Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon Jan 2003

Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon

Articles

No abstract provided.


Distrust Quotations In Latin, Peter Goodrich Jan 2003

Distrust Quotations In Latin, Peter Goodrich

Articles

No abstract provided.


Rulemaking, Michael Herz Jan 2003

Rulemaking, Michael Herz

Articles

No abstract provided.


Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love Jan 2003

Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love

Articles

No abstract provided.


What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok Jan 2003

What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok

Articles

In 2001 the Supreme Court, in Cooper Industries, Inc. v. Leatherman Tool Group, Inc. suggested that, although modern punitive damages punish, in earlier times they almost exclusively compensated for noneconomic damages that were ignored by a less progressive legal system. This article demonstrates that the historical foundation upon which the Supreme Court bases its argument is groundless. In the Eighteenth and Nineteenth Centuries punitive damages served a number of functions, but none of them were to provide the noneconomic damages identified by the court. Instead, as the article shows, the sort of injuries for which punitive damages were once demanded …


Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok Jan 2003

Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok

Articles

No abstract provided.


Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk Jan 2003

Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk

Articles

No abstract provided.


On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman Jan 2003

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

Articles

No abstract provided.


The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam Jan 2003

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.


Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson Jan 2003

Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson

Articles

In his Tractatus Theologico-Politicus (1670), Spinoza mounts an attack on authority in all its forms, including the authority of law and the state. Because authority in all its forms is a product of the imagination, obligation can never be justified. The subjects of Spinoza's commonwealth have no duties, only rights. Spinoza replaces the authority of the commonwealth with the welfare of subjects as the sign and the source of the commonwealth's flourishing. Spinoza was thus the first to propose that the only way for commonwealths to maintain the illusion of authority is by attending to the welfare of their citizens.


Was Spinoza A Jewish Philosopher, J. David Bleich Jan 2003

Was Spinoza A Jewish Philosopher, J. David Bleich

Articles

No abstract provided.


The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman Jan 2003

The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman

Articles

Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …


The Traumatic Dimension In Law, David G. Carlson Jan 2003

The Traumatic Dimension In Law, David G. Carlson

Articles

This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …


Democracy Realized One Classroom At A Time, Peter Goodrich Jan 2003

Democracy Realized One Classroom At A Time, Peter Goodrich

Articles

No abstract provided.


The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich Jan 2003

The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich

Articles

No abstract provided.


Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam Jan 2003

Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Articles

No abstract provided.


The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert Jan 2003

The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert

Articles

Both law and science are truth-seeking endeavors. In at least one respect, lawyers and scientists are like Agent Mulder on the X-Files: we believe that the truth is out there and our goal is to find it. This article is devoted to exploring and improving the means by which law relies on scientific disciplines, particularly epidemiology, to ascertain the truth.


Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein Jan 2003

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein

Articles

No abstract provided.


The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein Jan 2003

The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein

Articles

Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.


Retrenchment On Entrenchment, Stewart E. Sterk Jan 2003

Retrenchment On Entrenchment, Stewart E. Sterk

Articles

No abstract provided.


The Securities Acts' Treatment Of Notes Maturing In Less Than Nine Months: A Solution To The Enigma, Wendy Gerwick Couture Jan 2003

The Securities Acts' Treatment Of Notes Maturing In Less Than Nine Months: A Solution To The Enigma, Wendy Gerwick Couture

Articles

No abstract provided.


The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon Jan 2003

The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon

Articles

No abstract provided.


Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren Jan 2003

Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren

Articles

No abstract provided.


A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens Jan 2003

A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens

Articles

No abstract provided.


The Usa Patriot Act: The Devil Is In The Details, Elizabeth Brandt Jan 2003

The Usa Patriot Act: The Devil Is In The Details, Elizabeth Brandt

Articles

No abstract provided.


Voluntary Impoverishment To Obtain Government Benefits, John A. Miller Jan 2003

Voluntary Impoverishment To Obtain Government Benefits, John A. Miller

Articles

No abstract provided.


Not Our Grandparents' Partnership Statute, Mark Anderson Jan 2003

Not Our Grandparents' Partnership Statute, Mark Anderson

Articles

No abstract provided.


University Of Idaho College Of Law's Seventh Annual Northwest Institute For Dispute Resolution Scheduled For May 19-23, 2003, Maureen Laflin Jan 2003

University Of Idaho College Of Law's Seventh Annual Northwest Institute For Dispute Resolution Scheduled For May 19-23, 2003, Maureen Laflin

Articles

No abstract provided.