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Articles 151 - 159 of 159
Full-Text Articles in Law
Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.
Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy
History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy
Faculty Scholarship
Comment on Carol Rose's 2005 Childress Lecture
Ecosystem Services And The Public Trust Doctrine: Working Change From Within, James Salzman, J.B. Ruhl
Ecosystem Services And The Public Trust Doctrine: Working Change From Within, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
Contract As Statute, Mitu Gulati, Stephen J. Choi
Contract As Statute, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Formalists contend that courts should apply strict textual analysis in interpreting contracts between sophisticated commercial parties. Sophisticated parties have the expertise and means to record their intentions in writing, reducing the litigation and uncertainty costs surrounding incomplete contracts. Moreover, to the extent courts misinterpret contracts, sophisticated parties may simply rewrite their contracts to clarify their true intent. We argue that the formalist approach imposes large costs on even sophisticated parties in the context of boilerplate contracts. Where courts make errors in interpreting boilerplate terms, parties face large collective action problems in rewriting existing boilerplate provisions. Any single party that attempts …
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Faculty Scholarship
No abstract provided.
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Faculty Scholarship
This essay was published as a chapter in Reforming the Supreme Court: Term Limits for Justices (Paul D. Carrington & Roger Cramton eds, Carolina Academic Press 2006). Its point is that Congress has long neglected its duty implicit in the constitutional doctrine of separation of powers to constrain the tendency of the Court, the academy and the legal profession to inflate the Court's status and power. The term "life tenure" is a significant source of a sense of royal status having not only the adverse cultural effects noted by Nagel, but also doleful effects on the administration and enforcement of …
Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow
Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow
Faculty Scholarship
The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal …