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Articles 91 - 117 of 117
Full-Text Articles in Law
Steve Yelderman Gave A Lecture At The Law & Economics Seminar On His Paper Coordination-Focused Patent Policy On September 15., Stephen Yelderman
Steve Yelderman Gave A Lecture At The Law & Economics Seminar On His Paper Coordination-Focused Patent Policy On September 15., Stephen Yelderman
Stephen Yelderman
Steve Yelderman gave a lecture at the Law & Economics Seminar on his paper Coordination-Focused Patent Policy on September 15.
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
Bertrall L Ross
Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …
Taking And Saving Lives, Eric Rakowski
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
john a. powell
The article explores the nature of law based on enlightenment concepts and contemporary jurisprudence. It examines the assumptions that can affect the process of enlightenment. Moreover, the article demonstrates the religious and cultural crisis affecting Western Europe in early seventeenth century which caused the epistemological crisis.
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
john a. powell
A summary is presented of the Fair Housing Act that was introduced in the U.S. 40 years ago to address the housing challenges.
Contractarianism Without Contracts: A Response To Professor Mcchesney, Melvin Aron Eisenberg
Contractarianism Without Contracts: A Response To Professor Mcchesney, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Structure Of Corporation Law, Melvin Aron Eisenberg, Ralph K. Winter, Fred S. Mcchesney
The Structure Of Corporation Law, Melvin Aron Eisenberg, Ralph K. Winter, Fred S. Mcchesney
Melvin A. Eisenberg
No abstract provided.
The Limits Of Cognition And The Limits Of Contract, Melvin Aron Eisenberg
The Limits Of Cognition And The Limits Of Contract, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Role Of Fault In Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, And Nonperformance, Melvin Aron Eisenberg
The Role Of Fault In Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, And Nonperformance, Melvin Aron Eisenberg
Melvin A. Eisenberg
It is often asserted that contract law is based on strict liability, not fault. This assertion is incorrect. Fault is a basic building block of contract law, and pervades the field. Some areas of contract law, such as unconscionability, are largely fault based. Other areas, such as interpretation, include sectors that are fault based in significant part. Still other areas, such as liability for nonperformance, superficially appear to rest on strict liability, but actually rest in significant part on the fault of breaking a promise without sufficient excuse. Contract law discriminates between two types of fault: the violation of strong …
The Responsive Model Of Contract Law, Melvin Aron Eisenberg
The Responsive Model Of Contract Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Corporate Law And Social Norms, Melvin A. Eisenberg
Corporate Law And Social Norms, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however, a fourth interest that contract law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …
The Duty Of Good Faith In Corporate Law, Melvin A. Eisenberg
The Duty Of Good Faith In Corporate Law, Melvin A. Eisenberg
Melvin A. Eisenberg
An important development in corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers owe a fiduciary duty of good faith in addition to their traditional duties of care and loyalty. The duty of good faith was not created by those cases. On the contrary, the duty has long been explicit under the statutes--for example, in statutory provisions that require directors to act in good faith, and in provisions concerning indemnification. The duty of good faith has also long existed implicitly in the case law--for example, in the formulation of the business judgment rule …
Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen
Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
Locke, Labour, And Limiting The Author’S Right: A Warning Against A Lockean Approach To Copyright Law, Carys J. Craig
Locke, Labour, And Limiting The Author’S Right: A Warning Against A Lockean Approach To Copyright Law, Carys J. Craig
Carys Craig
This paper criticizes a Lockean approach to copyright, which sees an author’s right as the natural entitlement to the fruits of her labour. The author’s contention is that the Lockean account mistakenly finds the justification for copyright in the relationship between an author and her work, rather than the persistent presence of this labour-desert rationale in Canadian copyright rhetoric necessarily privileges the interests of the private rights-bearer over the public interest, and so threatens the public policy goals that copyright is intended to further. The author attacks the Lockean copyright theory from two directions. First, she examines the extent to …
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
Gerald Torres
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
Symbolic Counter-Speech, Howard M. Wasserman
Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum
Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum
Sandra A. Yocum
This book brings together experts primarily from the fields of criminology, criminal justice, law, and social work, but also cultural anthropology and psychology, to analyze clergy sexual abuse from the perspective of their individual disciplines. Contributors examine the latest data and analyses on the scope and impact of clergy sexual abuse, frame the problem in terms of sociological and criminological theories of crime and deviance, explore the social and legal issues the problem raises for the personal and communal life of faith communities, and discuss possibilities for reform, reconciliation, and healing. Covering sexual abuse of both minors and adults, chapters …
A Message From Your Body: Dream The Answer, Jalae Ulicki
A Message From Your Body: Dream The Answer, Jalae Ulicki
Jalae Ulicki
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
John Ehrett
This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …
Child Welfare Mediation In Georgia, Shauna Carmichael
Child Welfare Mediation In Georgia, Shauna Carmichael
Shauna Carmichael
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Markus Gunneflo
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Jenny Roberts
Giving As Governance: Philanthrocapitalism And Modern-Day Slavery Abolitionism, Janie A. Chuang
Giving As Governance: Philanthrocapitalism And Modern-Day Slavery Abolitionism, Janie A. Chuang
Janie A Chuang
Digital Peepholes | Remote Activation Of Webcams: Technology, Law And Policy, Lori Andrews