Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Schmooze 'tickets'
No abstract provided.
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Schmooze 'tickets'
No abstract provided.
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
Faculty Scholarship
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally mandated model of bounded adjudication governing mass torts, using decisions that facially rest on disparate constitutional provisions. This model constitutionally restricts common law courts from adjudicating the rights, liabilities, and interests of persons who are neither present before the court nor capable of being defined with a reasonable degree of specificity. I find evidence for this model in the Court’s separate decisions rejecting tort-based climate change claims, global settlements of massive asbestos litigation, and punitive damages awards justified as extra-compensatory damages. These new forms of …
The Constitutional Inevitability Of Same-Sex Marriage, Laurence H. Tribe
The Constitutional Inevitability Of Same-Sex Marriage, Laurence H. Tribe
Maryland Law Review
No abstract provided.