Law Commons^™

Avoiding Violent Words, Louis Sirico

Louis J. Sirico Jr.

No abstract provided.

Environmental Permits: Land Use Regulation And Policy Implementation In Texas, David Caudill, William Bray, Et Al.

David S Caudill

No abstract provided.

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …

Environmental Reform Of The Multilateral Development Banks, David Wirth

David A. Wirth

No abstract provided.

Commercial Transactions: Secured Financing, Cases, Materials, Problems, Ingrid Hillinger, Raymond Nimmer

Ingrid Michelsen Hillinger

No abstract provided.

Francis Bacon, Daniel Coquillette

Daniel R. Coquillette

This is the first modern book to describe Francis Bacon's jurisprudence. He has long been famous as a scientist, philosopher, politician and literary giant, but his career as one of England's greatest lawyers and jurists has been largely overlooked. Bacon's major contribution to Anglo-American jurisprudence is presented in such a way as to be suitable to specialists and non-specialists alike. The purpose is to restore Bacon to his rightful place as England's first true critical and analytical jurist, and to describe how his legal thought related to his other great intellectual achievements.

Massachusetts Grand Jury Practice, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Emerging Theories Of Liability For Outside Counsel And Independent Outside Auditors Of Financial Institutions

Patricia A. McCoy

No abstract provided.

Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin

Robert Justin Lipkin

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy.

Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification.

Finally, Professor Lipkin proposes a new …

The Law Takes Sides, Robert Barker, D. Demarest

Robert S. Barker

No abstract provided.

The Real Acid Test Of Title Iv Of The Clean Air Act Amendments Of 1990: External Cost Justifications Not Related To Acid Deposition Control, James R. May

James R. May

One of the principal objectives of the Clean Air Act Amendments Act of 1990, contained in Title IV, is to control acid deposition by reducing the air emissions of sulfur dioxides (SO2) and nitrogen oxides (NOx) released by many fossil fuel-fired steam-electric generating utility units. A report recently issued by the National Acid Precipitation Assessment Program (NAPAP), called the Integrated Assessment (NAPAP IA), casts formidable doubts upon Title IV's efficacy by suggesting that the relationship between Title IV and the mitigation of the adverse effects of acid deposition in environmentally sensitive areas is too attenuated to warrant the nationally pervasive …

Competing Conceptions Of Autonomy: A Reappraisal Of The Basis Of Tort Law, Martin A. Kotler

Martin A. Kotler

Seeking to identify and describe the essential values underlying tort law, this Article attempts to demonstrate that tort law is a system that simultaneously seeks to promote both efficiency and individual autonomy. It argues, however, that efficiency is a secondary goal of tort law that comes to the fore when it is inexpedient, impossible or unnecessary to promote the primary value of autonomy.

The primacy of autonomy, however, is often obscured by the fact that our conception of autonomy has evolved over the years. Once understood in terms of an individual’s rights in private property, autonomy is now widely perceived …

Paramount: The Mixed Merits Of Mush, Alan E. Garfield

Alan E Garfield

The Article critiques the Delaware Supreme Court’s 1990 decision, Paramount Communications, Inc. v. Time Inc. It argues that Paramount left no clear standards in its wake. While the decision seemed to lean in favor of more managerial discretion in the takeover context, it was not clear how far it leaned, or how closely tied the court’s reasoning was to the peculiar facts of the case. While other commentators critiqued Paramount for its management bias, this article instead focuses on the decision’s murkiness. It considers the merits of moving takeover jurisprudence away from the clearer standards that had been evolving in …

Fashioning Procedural And Substantive Due Process Arguments In Toxic And Other Tort Actions Involving Punitive Damages After Pacific Mutual Life Insurance Co. V. Haslip, James R. May

James R. May

This article predicted that one of the most important issues in future tort litigation would be the role of the Due Process Clause of the Fourteenth Amendment in constraining the imposition of punitive damages by state court juries. In Pacific Mutual Life Insurance Co. v. Haslip, the Supreme Court found that the Due Process Clause of the Fourteenth Amendment limits, but does not prohibit, the imposition of punitive damages. The article argues that procedural due process would be protected by giving the jury adequate guidance on the nature and purpose of punitive damages, by using post-verdict judicial review to assure …

Accounting To Ourselves For Ourselves: An Analysis Of Adjudication In The Resolution Of Child Custody Disputes, Francis J. Catania

Francis J. Catania

The adjudicatory process for resolving child custody disputes is out of synch with the way most functioning families operate. It is inherent in the adjudicatory process that judgment is passed upon the parties by a superordinate stranger-adjudicator. Each party to child custody adjudication approaches the ostensibly problem-solving court as a supplicant and an inferior, having to tacitly admit that (s)he cannot handle her/his own affairs. In the small percentage of child custody cases reaching impasse and adjudication, the legal process entails the creation and operation of a body of legal norms that has grown through legal opinions resolving individual disputes. …

The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich

Thomas J. Stipanowich

This article is part of a symposium entitled “Emerging Alternative Dispute Resolution Systems” and discusses Professor Stipanowich's experience helping to establish a court-connected community mediation program. The article includes extensive discussion of the practical, legal and ethical issues associated with such programs and includes some early case statistics.