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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 Dec 2001

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

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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 Jul 2001

American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch

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No abstract provided.


Nord Issues Gene Patenting Statement, Valerie Gutmann Koch Jul 2001

Nord Issues Gene Patenting Statement, Valerie Gutmann Koch

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No abstract provided.


After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman Apr 2001

After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman

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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. Mar 2001

Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.

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No abstract provided.


Taking Legal Communications Seriously, Henry H. Perritt Jr. Mar 2001

Taking Legal Communications Seriously, Henry H. Perritt Jr.

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No abstract provided.


Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr. Mar 2001

Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.

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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 Mar 2001

"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

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No abstract provided.


Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman Mar 2001

Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman

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No abstract provided.


Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock Mar 2001

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

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No abstract provided.


Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock Mar 2001

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

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No abstract provided.


A Conceptual Framework For Genetic Policy, Lori B. Andrews Feb 2001

A Conceptual Framework For Genetic Policy, Lori B. Andrews

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No abstract provided.


Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker Feb 2001

Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker

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No abstract provided.


Dialectics And Domestic Abuse, Katharine K. Baker Feb 2001

Dialectics And Domestic Abuse, Katharine K. Baker

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No abstract provided.


Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho Feb 2001

Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho

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No abstract provided.


Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris Feb 2001

Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris

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No abstract provided.


Conditioning The President's Conditional Pardon Power, Harold J. Krent Feb 2001

Conditioning The President's Conditional Pardon Power, Harold J. Krent

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No abstract provided.


Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent Feb 2001

Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent

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No abstract provided.


Laidlaw: Redressing The Law Of Redressability, Harold J. Krent Feb 2001

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

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No abstract provided.


Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin Feb 2001

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

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No abstract provided.


Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

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No abstract provided.


The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod Feb 2001

The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod

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No abstract provided.


A Role For State Planning, Fred P. Bosselman Jan 2001

A Role For State Planning, Fred P. Bosselman

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No abstract provided.


The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown Jan 2001

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

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No abstract provided.


Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber Jan 2001

Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber

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No abstract provided.


Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber Jan 2001

Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber

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No abstract provided.


Modernizing European Competition Law: A Developmental Perspective, David J. Gerber Jan 2001

Modernizing European Competition Law: A Developmental Perspective, David J. Gerber

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No abstract provided.


Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber Jan 2001

Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber

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No abstract provided.


El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán Jan 2001

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

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No abstract provided.


Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman Jan 2001

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

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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 …