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Full-Text Articles in Law
Negligence, Causation And Information, Stephen G. Marks
Negligence, Causation And Information, Stephen G. Marks
Faculty Scholarship
This note suggests a model to unify, in a simple information-based framework, the notion of negligence and the various notions of causation. In effect, the model demonstrates that negligence, probabilistic cause and cause-in-fact represent an identical concept applied to different information sets. This note uses the unified framework to develop a simple algorithm for the practical application of the principles of causation in the law of negligence.
An Open Attack On The Nonsense Of Blue Sky Regulation, Rutheford B. Campbell Jr.
An Open Attack On The Nonsense Of Blue Sky Regulation, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The evolution of state securities laws (hereinafter "blue sky laws") in this country is a classic example of regulation that was, perhaps, initially justified and that was apparently promulgated with the best of motives, but which now is actually harmful to society. Today, blue sky laws are ineffective, philosophically unsound, and unnecessarily expensive, and they should be substantially eliminated. Because of the vested interests that have developed, however, it is unlikely that states will respond to this problem, and it will probably take action by the United States Congress to preempt the area. Such an action is appropriate and, indeed, …
The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette
The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette
Articles
"Technological optimism" is a term of art, an article of faith, and a theory of politics. It is a view that pervades modem attitudes, yet gets little explicit attention. For a brief period the situation was otherwise. In the early 1970s, the optimistic outlook figured prominently in an important debate about nothing less than the future of the world. Technological optimism won. The outcome was unsurprising, given the nature of the argument. On one side of the debate was a group of self-proclaimed Malthusians who foresaw an impending period of stark scarcity unless relatively drastic remedial steps were quickly taken; …