Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Giving Direction To Discretion, Denis Binder
Giving Direction To Discretion, Denis Binder
Denis Binder
The common law established the doctrine of sovereign immunity whereby the government is not civilly liable for its misdeeds. The Supreme Court in 1821 adopted the doctrine for lawsuits against the United States. Legislatures can abrogate sovereign immunity. To a greater or lesser extent, all jurisdictions have done so in the United States. Congress enacted the Federal Tort Claims Act (FTCA) in 1946 to impose liability against the federal government for acts of negligence, as determined by the law of the place where the act or omission occurred. However, a major exception in the FTCA exists for the performance of …
Book Review: S. Lerner, Diamond: A Struggle For Justice In Louisiana's Chemical Corridor, Denis Binder
Book Review: S. Lerner, Diamond: A Struggle For Justice In Louisiana's Chemical Corridor, Denis Binder
Denis Binder
No abstract provided.
Meaty, Beaty, Big And Monopolistic: The Story Of General Motors, Denis Binder
Meaty, Beaty, Big And Monopolistic: The Story Of General Motors, Denis Binder
Denis Binder
Detroit, General Motors, and the American automobile industry have been in a progressive decline for decades. Millions of jobs, union and non-union, have been lost, scores of plants shuttered, and the Michigan economy left reeling. I wrote an unpublished manuscript 35 years ago, positing that as a monopoly, or "quasi-monopoly," GM should be broken up for the good of America. Its stultifying power limited innovation and competitiveness among Detroit's Big Three as prices skyrocketed, quality deteriorated, safety languished, and fuel economy suffered. The general rule became: "Don't buy a Detroit car built on Monday, Friday, the first day of hunting …
The Changing Paradigm In Public Legal Education, Denis Binder
The Changing Paradigm In Public Legal Education, Denis Binder
Denis Binder
The nation's founding fathers, led by Thomas Jefferson and Benjamin Franklin, envisioned a democracy based upon a highly educated population. The public universities were founded to fulfill that mission. Professional schools, such as law, medicine, engineering, and business soon followed. The public higher education system was one of America's greatest achievements by the end of the Twentieth Century. The nation's flagship public universities, masters colleges, and community colleges educate 80% of the nation's college students. However, state budget cuts in recent years reflect systemic changes in public financing from discretionary spending, especially higher education, to mandates and entitlements. The public …