Law Commons^™

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright

Richard W. Wright

Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …

A Century Of Change In Personal Injury Law, Stephen D. Sugarman

Stephen D Sugarman

The 20th century witnessed enormous change in American personal injury law. Over the past 100 years, torts has emerged out of a largely ineffective backwater of the law. Today, tort doctrine has coalesced around a robust law of negligence, anchored not only in contemporary concerns about fairness, but also in considerations of loss spreading and safety promotion. Over the course of the 20th century, cultural change, change in the legal and other professions, changes in civil procedure and evidence law, the development of liability insurance, and more have made it both much easier and far more natural for accident victims …

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira P. Robbins

Ira P. Robbins

No abstract provided.

El Contrato De Franquicia Y El Derecho Laboral. Su Relación A Través Del Art. 30 De La Ley De Contrato De Trabajo, Carlos Molina Sandoval

Carlos Molina Sandoval

El propósito del presente trabajo es analizar algunos puntos de interconexión entre el derecho laboral y el contrato de franquicia. Más concretamente, demostrar que el art. 30, LCT, no resulta aplicable a las relaciones de franquicia. Este cometido y su consecuente análisis se realizará a través de algunos breves comentarios a un reciente y novedoso fallo sobre el tema.

Liberals And The School Choice Debate, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

The Virtuous Circle Of Distrust: A Mechanism To Deter Bribes And Other Cooperative Crimes , Robert D. Cooter, Nuno Garupa

Robert Cooter

No abstract provided.

Anteproyecto De Ley Sobre Grupos De Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Year 2000 Overview: Governmental Responses To Pregnant Women Who Use Alcohol Or Other Drugs, Lynn M. Paltrow, David S. Cohen, Corinne A. Carey

David S Cohen

No abstract provided.

Contract Renegotiation And Options In Agency Problems, Aaron S. Edlin, Benjamin E. Hermalin

Aaron Edlin

This article discusses the ability of an agent and a principal to achieve the first-best outcome when the agent invests in an asset that has greater value if owned by the principal than by the agent. When contracts can be renegotiated, a well-known danger is that the principal can hold up the agent, undermining the agent's investment incentives. We begin by identifying a countervailing effect: Investment by the agent can increase his value for the asset, thus improving his bargaining position in renegotiation. We show that option contracts will achieve the first best whenever his threat-point effect dominates the holdup …

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

Housing Part Proceedings: The Tenuous Nature Of The Economic-Infeasibility Defense, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Optimal Number Of Governments, Robert D. Cooter

Robert Cooter

No abstract provided.

The Demidenko Affair: Copyright Law, Plagiarism, And Ridicule, Matthew Rimmer

Matthew Rimmer

Assessing The Proposed Refugee Protection Act: One Step In The Right Direction, Michele Pistone

Michele R. Pistone

Professor Pistone discusses the Refugee Protection Act (RPA), the proposed legislation which revisits the one year asylum filing deadline and expedited removal provisions, some of the more controversial provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). This paper analyzes the appropriateness of RPA's proposed changes to existing law and how it can better meet its goal of helping to "ensure that those who arrive in the United States fleeing persecution have a fair and adequate opportunity to present claims for protection." Part I provides background information concerning current U.S. refugee and asylum law. Part II …

Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski

Robyn L Meadows

No abstract provided.

Random Violence And The Transformation Of The Juvenile Justice Debate (Book Review), Daniel M. Filler

Daniel M. Filler

No abstract provided.

What Readers Of Legal Briefs Hate: The Top 30 Sins, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Bifurcation Unbound, Steven S. Gensler

Steven S. Gensler

No abstract provided.

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Kenneth Anderson

“The New Territorial Waters (Amendment) Act 1998 – Comments On The Impact Of International Law On Nigerian Law,”, Edwin Egede

Edwin Egede

This article examines the impact of international law on Nigeria Law using the Nigerian Territorial Waters Act 1998 as a case study.

The Price Of Law: How The Market For Lawyers Distorts The Justice System, Gillian K. Hadfield

Gillian K Hadfield

Why are lawyers so expensive? This paper explores the economics of the markets for lawyers and the reasons why pricing for lawyers departs from competitive pricing. Unlike conventional analyses, which emphasize entry restrictions, this analysis emphasizes market imperfections due to the nature of legal reasoning and practice and in particular the role of increasing returns to specialization and cognitive skill. The analysis also emphasizes the impact of market dynamics on the distribution of legal services, particularly high end legal work, between corporate and individual clients.

El Positivismo Jurídico En Nuestras Aulas, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

Appellate Practice, Winning Residential Appeals: Perfecting, Briefing, And Orally Arguing Appeals In The Appellate Term And Beyond, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Lr&W Should Begin At The Beginning: Reading Legal Authority, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

1. Lyon, T. D., & Saywitz, K. J. (2000). Qualifying Children To Take The Oath: Materials For Interviewing Professionals., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

Appellate Practice, Winning Residential Appeals: Notices Of Appeal, Stays Pending Appeal, And Cross-Appeals In The Appellate Term, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter

Robert Cooter

No abstract provided.

Fairness, Character, And Efficiency In Firms , Robert D. Cooter, Melvin A. Eisenberg

Melvin A. Eisenberg

No abstract provided.

Appellate Practice, Winning Residential Appeals, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark Rosen

Mark D. Rosen

No abstract provided.