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Articles 1 - 16 of 16
Full-Text Articles in Law
The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya
The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya
Faculty Articles and Papers
This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart. Although largely forgotten until now, the rise and fall of this cartel confirms the expectations of both cartel theory and past studies of insurance cartels, largely in …
Williams V. Lee And The Debate Over Indian Equality, Bethany Berger
Williams V. Lee And The Debate Over Indian Equality, Bethany Berger
Faculty Articles and Papers
Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally assumed to be the product of a timeless and unquestioning struggle of Indian peoples for sovereignty. This Article, based on interviews with the still-living participants in the case and on examination of the congressional records, Navajo council minutes, and Supreme Court transcripts, records, and …
Solar Rights For Texas Property Owners, Sara Bronin
Solar Rights For Texas Property Owners, Sara Bronin
Faculty Articles and Papers
In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. Additionally, …
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Copyright And Social Movements In Late Nineteenth-Century America, Steven Wilf
Copyright And Social Movements In Late Nineteenth-Century America, Steven Wilf
Faculty Articles and Papers
The cultural turn in copyright law identified authorship as a rhetorical construct employed by economic interests as a mechanism to establish claims to property rights. Grassroots intellectual property political movements have been seen as both a means of countering these interests’ ever-expanding proprietary control of knowledge and establishing a more public regarding copyright system. This Article examines one of the most notable intellectual property political movements, the emergence of late nineteenth-century agitation to provide copyright protection for foreign authors as a social movement. It places this political and legal activism within the larger framework of Progressive Era reform. During this …
Law/Text/Past, Steven Wilf
Law/Text/Past, Steven Wilf
Faculty Articles and Papers
How might legal historians read text? What is particular about their modes of reading as opposed to those employed by readers in other disciplines? This essay will analyze the distinctive features of legal texts such as those stemming from the pervasive reliance upon conventions or boilerplate as part of a bricolage construction, the focus upon legitimizing gestures to official authority, and the normative, almost instrumental nature of many legal texts. While other sorts of texts might be more expressive, statutes, for example, always include a sanction. Drawing upon numerous examples, the paper identifies an expansive array of texts, including extra-official …
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Benefits Of Opt-In Federalism, The, Brendan Maher
Benefits Of Opt-In Federalism, The, Brendan Maher
Faculty Articles and Papers
The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism. Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Constituent Authority, Richard Kay
Constituent Authority, Richard Kay
Faculty Articles and Papers
The force of a constitution, like the force of all enacted law, derives, in significant part, from the circumstances of its enactment. Legal and political theory have long recognized the logical necessity of a “constituent power.” That recognition, however, tells us little about what is necessary for the successful enactment of an enduring constitution. Long term acceptance of a constitution requires a continuing regard for the process that brought it into being. There must be, that is, recognition of the “constituent authority” of the constitution-makers. This paper is a consideration of the idea of “constituent authority” drawing on a comparison …
Two Views Of Class Action, Alexandra Lahav
Two Views Of Class Action, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin
Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin
Faculty Articles and Papers
As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, …
Children's Constitutional Rights, Anne Dailey
Children's Constitutional Rights, Anne Dailey
Faculty Articles and Papers
This Article presents a developmental theory of children’s constitutional rights that focuses on the fundamental role of children’s rights in the socialization process leading to adult autonomy. The long history of denying children the full range of constitutional rights has its roots in a choice theory of rights that understands rights as deriving from the decision-making autonomy of the individual. From the perspective of choice theory, children do not enjoy most constitutional rights because they lack the capacity for autonomous choice. Choice theory not only justifies the long history of denying children rights, but it also serves to explain the …
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Peter Siegelman, Steven Thel
You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Peter Siegelman, Steven Thel
Faculty Articles and Papers
Contract law is generally understood to require no more of a person who breaches a contract than to give the injured promisee the "benefit of the bargain." The law is thus assumed to permit a promise-breaker to keep any profit remaining from breach, after putting the victim in the position he would have been in had the promise been performed. This conventional description is radically wrong: across a wide range of circumstances, standard contract doctrines actually do require people to keep their promises, or to disgorge their entire profit from breach if they do not. Rather than protecting the expectation …
Non-Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene
Non-Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene
Faculty Articles and Papers
The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This article challenges the wholesale adoption of either proposition within the context of buyer price-fixing in intellectual property markets. More specifically, it examines antitrust law’s role in protecting patent holders’ rents through its condemnation of otherwise ostensibly efficient buyer price fixing. Using basic economic analysis, this article refines the legal standards applicable at this point of intersection between antitrust and patent law. In particular, the author recommends the limited abandonment of …