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Articles 1 - 5 of 5

Full-Text Articles in Law

Tort Law As Corrective Justice: A Pragmatic Justification For Jury Adjudication, Catharine Pierce Wells Aug 1990

Tort Law As Corrective Justice: A Pragmatic Justification For Jury Adjudication, Catharine Pierce Wells

Michigan Law Review

The purpose of this article is to develop a pragmatic analysis of corrective justice that will serve as a partial justification for current practices of tort adjudication. Part I discusses the concept of corrective justice and explores its relationship to the problem of justifying tort law. Part II argues that certain contemporary theories of corrective justice fail to provide an adequate basis for regarding individual tort outcomes as just. Part III develops a pragmatic account of corrective justice and argues that it accurately describes current practices of tort adjudication. Finally, Part IV argues that these practices are justified in the …


The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers May 1990

The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers

Michigan Law Review

A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.


The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt Apr 1990

The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


The Privilege Against Compelled Self-Incrimination, John O. Sonsteng Jan 1990

The Privilege Against Compelled Self-Incrimination, John O. Sonsteng

Faculty Scholarship

This article examines the fifth amendment right against compelled self-incrimination, as compared to principles in confession law. These two areas of law are not the same. In 1966, however, the Supreme Court decision of Miranda v. Arizona announced that many of the principles involved in confession law also implicated the fifth amendment privilege against compelled self-incrimination. The popular impact of Miranda has resulted in the equating of confession law with the fifth amendment privilege. This article examines the history of the fifth amendment privilege, its application, and how it can be distinguished from other, related areas of law.


The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace Jan 1990

The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace

Touro Law Review

No abstract provided.