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Articles 1 - 30 of 36
Full-Text Articles in Law
Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright
All Faculty Scholarship
Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying …
American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch
American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch
All Faculty Scholarship
No abstract provided.
Nord Issues Gene Patenting Statement, Valerie Gutmann Koch
Nord Issues Gene Patenting Statement, Valerie Gutmann Koch
All Faculty Scholarship
No abstract provided.
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
All Faculty Scholarship
In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The …
Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.
Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Taking Legal Communications Seriously, Henry H. Perritt Jr.
Taking Legal Communications Seriously, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.
Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein
"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein
All Faculty Scholarship
No abstract provided.
Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman
Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock
Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock
Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
A Conceptual Framework For Genetic Policy, Lori B. Andrews
A Conceptual Framework For Genetic Policy, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker
Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Dialectics And Domestic Abuse, Katharine K. Baker
Dialectics And Domestic Abuse, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho
Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris
Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
Conditioning The President's Conditional Pardon Power, Harold J. Krent
Conditioning The President's Conditional Pardon Power, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Laidlaw: Redressing The Law Of Redressability, Harold J. Krent
Laidlaw: Redressing The Law Of Redressability, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin
Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder
Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod
The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
A Role For State Planning, Fred P. Bosselman
A Role For State Planning, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown
The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown
All Faculty Scholarship
No abstract provided.
Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber
Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber
All Faculty Scholarship
No abstract provided.
Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber
Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
All Faculty Scholarship
No abstract provided.
Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber
Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber
All Faculty Scholarship
No abstract provided.
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
All Faculty Scholarship
In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …