Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (3)
- Torts (3)
- Labor and Employment Law (2)
- Property Law and Real Estate (2)
- Water Law (2)
-
- Antitrust and Trade Regulation (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Estates and Trusts (1)
- European Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- International Law (1)
- Law and Economics (1)
- Law and Gender (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Remedies (1)
- Medical Jurisprudence (1)
- Keyword
-
- Environmental Law (3)
- Louis jackson national student writing competition (3)
- Property-Personal and Real (2)
- Torts (2)
- ADA (1)
-
- Americans with disabilities act (1)
- Antitrust (1)
- Commerce clause (1)
- Comparative Law (1)
- Constitutional Law (1)
- Courts (1)
- EEOC (1)
- EEOC regulations (1)
- ERISA (1)
- Eleventh amendment (1)
- Employment Practice (1)
- Employment retirement income security act (1)
- Enron corporation (1)
- Equal employment opportunity commission (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- International Law (1)
- Labor Law (1)
- Law and Society (1)
- Reasonable accommodation (1)
- Sovereign immunity (1)
- Trusts (1)
- Women (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
Hand, Posner, And The Myth Of The "Hand Formula", In Symposium, Negligence In The Law, Richard W. Wright
Hand, Posner, And The Myth Of The "Hand Formula", In Symposium, Negligence In The Law, Richard W. Wright
All Faculty Scholarship
There is a striking incongruence between the discussions of negligence in the legal literature, including the American Law Institute's Restatement of Torts, and the understandings of ordinary people and the actual practice of the courts. The legal literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This test was invented by legal academics and inserted in the first Restatement during the first part of the twentieth century, although, as recent studies all conclude, it had almost no support in the cases prior to its adoption in the Restatement and for several decades …
The Grounds And Extent Of Legal Responsibility, In Symposium, What Do Compensatory Damages Compensate?, Richard W. Wright
The Grounds And Extent Of Legal Responsibility, In Symposium, What Do Compensatory Damages Compensate?, Richard W. Wright
All Faculty Scholarship
This article identifies and discusses the three principal limitations on the extent of legal responsibility for tortiously caused harm and explains and justifies them by reference to the principle of interactive justice, which holds one legally responsible for causing (or being imminently about to cause) harm to another's person or property as a result of conduct that is inconsistent with others' right to equal freedom. The three principal limitations prevent liability for a tortiously caused harm when (1) the harm almost certainly would have occurred anyway in the absence of any tortious conduct or condition (the "no worse off" limitation), …
I Say It's Spinach: Charitable Trusts To Remedy Market Failures In The Performing Arts, Jeffrey G. Sherman
I Say It's Spinach: Charitable Trusts To Remedy Market Failures In The Performing Arts, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock
Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock
All Faculty Scholarship
New Mexico and other arid western states face the following dilemma: Rapid urban growth and the increasing demand for the dedication of water to aquatic ecosystem services are placing new stresses on the ability of available water supplies to support these new demands at a time when a coherent federal supply and water policy no longer exists and states have been slow to fill the vacuum. The answer to the increasing demand for water is no longer simply to augment supply through new diversions, high-capacity wells, or the construction of large storage reservoirs. Instead, in today's increasingly unmediated, competitive water …
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases (With E. Zuiker), Lori B. Andrews
Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases (With E. Zuiker), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
Cultural Property And The Limitations Of Preservation, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Comparative Reasoning And Judicial Review, Sarah K. Harding
Comparative Reasoning And Judicial Review, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Introduction: Law And Cultural Conflict (Symposium Editor), Sarah K. Harding
Introduction: Law And Cultural Conflict (Symposium Editor), Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Ideological Conflict And The First Amendment, Steven J. Heyman
Ideological Conflict And The First Amendment, Steven J. Heyman
All Faculty Scholarship
According to the prevailing view, constitutional interpretation ideally should consist in the development and application of a single, unified set of principles. This Essay challenges this position in the context of free speech jurisprudence. As the constitutional debates of 1787-91 show, the First Amendment and the Bill of Rights did not reflect a single view, but instead were intended to reconcile conflicting views on the proper relationship between liberty and government. In order to obtain the broad support necessary for adoption, the Bill of Rights was deliberately drafted on the level of general principles that could command a consensus. When …
Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin
Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber
The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber
All Faculty Scholarship
No abstract provided.
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright
Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown
Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown
All Faculty Scholarship
No abstract provided.
Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry
Louis Jackson National Student Writing Competition
No abstract provided.
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Louis Jackson National Student Writing Competition
No abstract provided.
State Employers Are Not Sovereign: By Analogy, Transfer The Market Participant Exception To The Dormant Commerce Clause To States As Employers, Lara M. Gardner
State Employers Are Not Sovereign: By Analogy, Transfer The Market Participant Exception To The Dormant Commerce Clause To States As Employers, Lara M. Gardner
Louis Jackson National Student Writing Competition
No abstract provided.