Law Commons^™

Rules Versus Standards: An Economic Analysis, Louis Kaplow

Duke Law Journal

This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …

Consideration And Estoppel: Problem And Panacea, Bruce Macdougall

Dalhousie Law Journal

In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …

Subject: Object, Jeanne L. Schroeder

University of Miami Law Review

No abstract provided.

The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury

Indiana Law Journal

No abstract provided.

The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden

Dalhousie Law Journal

It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …

An Integrated Jurisprudence And Its Influence In Fighting Poverty, Kevin L. O'Shea

University of the District of Columbia Law Review

No abstract provided.

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells

Washington and Lee Law Review

No abstract provided.

Medicaid, State Cost-Containment Measures, And Section 1983 Provider Actions Under "Wilder V. Virginia Hospital Association", Michael D. Daneker

Vanderbilt Law Review

After the Civil War, Congress enacted a statutory private right of action to ensure the protection of an individual's federal civil rights." This right of action, now codified at Title 42, Section 1983 of the United States Code, creates liability for anyone who, acting under a state law, program, or policy, infringes on an individual's federal rights. Although the authors of Section 1983 intended the statute to serve primarily as a mechanism for the protection of federal constitutional rights, the United States Supreme Court has recognized that Section 1983 is a valid tool for enforcing a wide variety of statutorily …

The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin

Vanderbilt Law Review

In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is "the ultimate answer to the commandment 'Know thyself.' ""

The decision to fund this Initiative, the largest biology project in …

The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon

Hofstra Law Review

No abstract provided.

The Value Of Friendship In Law And Literature, Michael J. Kaufman

Fordham Law Review

Once thought to be indespensible to a good life, the value of friendship has been swept away by the most recent trends in philosophical, literary, and legal thought. After tracing the subtle decline in the value of friendship, this Article employs these very trends to redefine and resurrect that value, particularly within American law. A good work of art is one which elevates its own art-form by successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and literature. …

South Carolina Whistleblower Protection: The Good, The Bad, And The Ugly, Craig Berman

South Carolina Law Review

No abstract provided.

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.

Locke As The Key: A Unifying And Coherent Theory Of In Personam Jurisdiction, Richard B. Cappalli

Case Western Reserve Law Review

No abstract provided.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack

Fordham Law Review

Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.