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Full-Text Articles in Law

Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan Jan 2015

Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan

Doris DelTosto Brogan

Abstract: In 2009, the Court of Appeals for the Third Circuit decided Berrier v. Simplicity, a tragic, but otherwise modest personal injury diversity case that was brought under Pennsylvania products liability law. The Third Circuit predicted that Pennsylvania would adopt the Restatement (Third) of Torts, and abandon what everyone (including several members of the Pennsylvania Supreme Court) considered an incomprehensible products liability jurisprudence that had evolved under Pennsylvania’s interpretation of the Restatement (Second). But for five years the Pennsylvania Supreme Court did not adopt the Restatement (Third), despite several opportunities to do so. Yet during those years, the Third ...


A Global Approach To Legal Writing And Legal Research: An Evolutionary Process, Diane Edelman Jan 2014

A Global Approach To Legal Writing And Legal Research: An Evolutionary Process, Diane Edelman

Diane Penneys Edelman

No abstract provided.


Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard Feb 2009

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Todd S Aagaard

This Article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts ...


Locating Authority In Law, And Avoiding The Authoritarianism Of Textualism, Patrick Mckinley Brennan Jan 2008

Locating Authority In Law, And Avoiding The Authoritarianism Of Textualism, Patrick Mckinley Brennan

Patrick McKinley Brennan

Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia’s textualism is the legal analogue of a largely discredited form of “Christian positivism,” one that leads to a form of authoritarianism. The article goes on to argue that authorianism can be avoided only by individuals’ and their communities’ becoming authoritative, including in the making and enforcement ...


What's The Matter With You Catholics? Soundings In Catholic Social Thought (Review Of Mary Ann Glendon, Traditions In Turmoil, 2006) (Invited), Patrick Mckinley Brennan Jan 2008

What's The Matter With You Catholics? Soundings In Catholic Social Thought (Review Of Mary Ann Glendon, Traditions In Turmoil, 2006) (Invited), Patrick Mckinley Brennan

Patrick McKinley Brennan

This review essay of Mary Ann Glendon’s Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.


Retail Investor Remedies Under Rule 10b-5, Jennifer O'Hare Aug 2007

Retail Investor Remedies Under Rule 10b-5, Jennifer O'Hare

Jennifer O'Hare

This paper assesses the private remedies available under Rule 10b-5 to retail investors who have been defrauded by false corporate disclosures. After comparing the treatment received by retail investors to the treatment received by institutional investors, I identify several areas in which the federal securities laws disfavor retail investors who have been defrauded by false corporate disclosures, including the creation of a two-tiered system of investor remedies for securities fraud. Institutional investors are permitted to pick and choose which law and forum offers them the most attractive chance for recovery, but retail investors typically do not have this opportunity. They ...


Sovereign States? The State Of The Question From A Catholic Perspective, Patrick Mckinley Brennan Aug 2007

Sovereign States? The State Of The Question From A Catholic Perspective, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


A Quandary In Law? A (Qualified) Catholic Denial, Patrick Mckinley Brennan Jan 2007

A Quandary In Law? A (Qualified) Catholic Denial, Patrick Mckinley Brennan

Patrick McKinley Brennan

A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard 2004), this paper asks whether the “quandary” in which Smith finds modern law and jurisprudence is not, at least in part, the consequence of misunderstanding the classical natural law jurisprudence. The paper advances an interpretation of natural law according to which the natural law is the human person’s “participation” in the eternal law itself, with literally cosmic consequences for how we understand the ends and measures of human lawmaking. Mounting an argument against Justice Scalia’s thesis that “God applies the natural ...


The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan Jan 2007

The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan

Patrick McKinley Brennan

Over the last century-plus, Catholic social thought has gradually reduced the ontological density of the state, to the point that the state now appears to have only a tentative grasp on the natural law basis of its legitimacy. During the first part of the twentieth century, Catholic social doctrine tended to view the legitimate state as a participant in the divine rule; although draped in a sacred mantle, the state was subject to the limits imposed by the divine and natural law. In response to the totalitarian states’ transgressing of those limits at mid-century, Catholic thinkers reduced the scope and ...


Harmonizing Plural Societies: The Case Of Lasallians, Families, Schools – And The Poor, Patrick Mckinley Brennan Apr 2006

Harmonizing Plural Societies: The Case Of Lasallians, Families, Schools – And The Poor, Patrick Mckinley Brennan

Patrick McKinley Brennan

The modern state characteristically assumes or asserts a monopoly over “group persons” and their right to exist; group persons are said to exist at the pleasure or concession of the state. According to Catholic social teaching, by contrast, these unities of order -- such as church and family, as well as corporations and schools and the like -- are, at least in potency, ontologically prior to the state. Such group persons both constitute conditions of the possibility of human flourishing and, correlatively, impose limitations on the “sovereign” state. Such group persons are not mere concessions of an unbounded state: They are ontological ...


Law And Who We Are Becoming, Patrick Mckinley Brennan Jan 2005

Law And Who We Are Becoming, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson Jan 2004

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.


On What Sin (And Grace) Can Teach Crime, Patrick Mckinley Brennan Aug 2003

On What Sin (And Grace) Can Teach Crime, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Party Admissions In Criminal Cases: Should The Government Have To Eat Its Words?, Anne Poulin Aug 2002

Party Admissions In Criminal Cases: Should The Government Have To Eat Its Words?, Anne Poulin

Anne Poulin

As currently applied, evidence law gives the government an unfair advantage in criminal trials because the prosecution is not responsible for prior statements made by agents acting or speaking for the government. Many courts have held, and most general sources agree, that in criminal cases the statements of government agents are not admissible over hearsay objections as party admissions. The defendant is therefore precluded from even informing the jury of helpful statements made by government agents. Dealing with admissions by government agents in this manner leaves the government free to change its position without repercussions and creates the risk of ...


The More You Spend, The More You Save: Can The Spending Clause Save Federal Anti-Discrimination Laws?, Ann C. Juliano Aug 2001

The More You Spend, The More You Save: Can The Spending Clause Save Federal Anti-Discrimination Laws?, Ann C. Juliano

Ann C Juliano

No abstract provided.


The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer Aug 2001

The Bitter Pill Of Empiricism: Health Maintenance Organizations, Informed Consent, And The Reasonable Psychotherapist Standard Of Care, Ellen Wertheimer

Ellen Wertheimer

Although adequate for holding most professionals to certain levels of conduct, the doctrine of negligence has traditionally been difficult to apply to treatment decisions in the mental health arena. The reasons offered for this difficulty all appear to revolve around the fact that psychology is still very much a philosophy and not a science, making it difficult to establish a clear standard of care. The advent of managed behavioral health care, with its accompanying emphasis on scientifically supported intervention, promises to rectify this situation. Managed behavioral health care is forcing the field of psychotherapy into changing its fundamental nature, from ...


Norm Origin And Development In Cyberspace: Models Of Cybernorm Evolution, April Barton Jun 2000

Norm Origin And Development In Cyberspace: Models Of Cybernorm Evolution, April Barton

April Mara Barton

No abstract provided.


Free Exercise! Following Conscience, Opening Politics, And Developing Doctrine (Review Of John T. Noonan, The Lustre Of Our Country: The American Experience Of Religious Freedom, 1998) (Invited), Patrick Mckinley Brennan Jan 1999

Free Exercise! Following Conscience, Opening Politics, And Developing Doctrine (Review Of John T. Noonan, The Lustre Of Our Country: The American Experience Of Religious Freedom, 1998) (Invited), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


The Products Liability Shell Game: A Response To Victor E. Schwartz And Mark A. Behrens, Ellen Wertheimer Aug 1997

The Products Liability Shell Game: A Response To Victor E. Schwartz And Mark A. Behrens, Ellen Wertheimer

Ellen Wertheimer

No abstract provided.


From Product To Process: Evolution Of A Legal Writing Program, Diane Edelman Jan 1997

From Product To Process: Evolution Of A Legal Writing Program, Diane Edelman

Diane Penneys Edelman

No abstract provided.


Natural Law And Human Equality, Patrick Mckinley Brennan, John E. Coons Aug 1995

Natural Law And Human Equality, Patrick Mckinley Brennan, John E. Coons

Patrick McKinley Brennan

No abstract provided.


Note, "Interactions Between Memory Refreshment Doctrine And Work Product Protection Under The Federal Rules" In Yale Law Journal, Ellen Wertheimer Jan 1978

Note, "Interactions Between Memory Refreshment Doctrine And Work Product Protection Under The Federal Rules" In Yale Law Journal, Ellen Wertheimer

Ellen Wertheimer

No abstract provided.