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Articles 1 - 13 of 13
Full-Text Articles in Law
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Law and Contemporary Problems
Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.
Slides: Climate Change And … The Future Of The American West, Michael (Mickey) Glantz
Slides: Climate Change And … The Future Of The American West, Michael (Mickey) Glantz
Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)
Presenter and Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.
15 slides.
Judicial Discretion To Condition, Thomas O. Main
Judicial Discretion To Condition, Thomas O. Main
ExpressO
The task of judging has been described as the art or science of making discrete choices among competing courses of action. Charged with the mandate to administer justice fairly and equitably, judges are said to have discretion to pursue any lawful course. In both criminal and civil cases, and regarding matters profound and trivial, the exercise of discretion is a core judicial function. The exercise of discretion is often characterized by vivid metaphors: judges confront a frame of possibilities, a zone, a range, a doughnut hole, two paths or a fork in the road, a fenced pasture.
Above all else, …
Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan
Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan
William & Mary Bill of Rights Journal
No abstract provided.
Justice And The Evolution Of The Common Law, Richard O. Zerbe
Justice And The Evolution Of The Common Law, Richard O. Zerbe
ExpressO
Empirical evidence shows, and theory suggests, that the common law tends toward economic efficiency. While various theories attempt to explain this phenomenon, no single one is well accepted. This article provides a simple explanation. It suggests that efficiency arises as a matter of justice. Justice is sought because justice-seeking is a social norm with its own sanctioning force. Justice is sought and efficiency achieved because they substantially overlap. Limitations in the traditional definition of efficiency, however, ensure that efficiency is not congruent with justice. This paper suggests that it can be: the congruence of justice and efficiency will be greater …
Substitute Chancellors: The Role Of The Jury In The Contest Between Common Law And Equity, Bernadette A. Meyler
Substitute Chancellors: The Role Of The Jury In The Contest Between Common Law And Equity, Bernadette A. Meyler
Cornell Law Faculty Publications
The common law - thought to provide an ancient constitution securing the liberties of the people from monarchical tyranny - and opposition against it, played an acknowledged part in the debates among Royalists, Parliamentarians, and Puritans during seventeenth-century England. Very little attention has, however, been devoted to the status of the jury within these arguments either for the supremacy of the common law or for the King's prerogative, institutionally embodied most prominently in the Star Chamber and the Court of Chancery. As this Article argues, the procedural virtues and the philosophical goals of the jury and of the Chancellor as …
Toward A Federal Common Law Of Bankruptcy: Judicial Lawmaking In A Statutory Regime, Adam J. Levitin
Toward A Federal Common Law Of Bankruptcy: Judicial Lawmaking In A Statutory Regime, Adam J. Levitin
ExpressO
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers of bankruptcy courts. This misidentification has led courts to place inappropriate statutory and historical limitations on non-Code practices because of discomfort with unguided equitable discretion.
Both the statutory and historic limitations are problematic. The statutory authorization for the bankruptcy courts’ equitable powers appears to have been repealed by what one judge has called …
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
Law Faculty Publications
This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.
Introduction, Elijah E. Cummings
Introduction, Elijah E. Cummings
Journal of Health Care Law and Policy
No abstract provided.
Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico
Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico
Faculty Scholarship
"Welfarism" is the principle that social policy should be based solely on individual well-being, with no reference to 'fairness" or "rights." The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the "ex ante/ex post" problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a "social welfare function" that is …
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
NYLS Law Review
No abstract provided.
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
NYLS Law Review
No abstract provided.
Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew Velkey
Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew Velkey
Faculty Publications
Consumer bankruptcy filings hit another record high in 1998, with nearly 1.4 million consumers filing for bankruptcy relief. This trend sparked a debate in Congress about means-testing chapter 7 bankruptcy filings. Proponents of reform argued that it would curtail fraud and abuse. Opponents believed that consumer debt was swamping income growth, and that the deregulation of the consumer credit market had led to overgenerous lending and hence to more bankruptcies. This is an empirical study of whether filers for chapter 13 bankruptcy cases are abusing the system, or whether debtors are truly being swamped by debt in excess of their …