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Full-Text Articles in Law
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Law and Contemporary Problems
Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.
Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps
Law and Contemporary Problems
The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Law and Contemporary Problems
The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Law and Contemporary Problems
The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Law and Contemporary Problems
The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
Law and Contemporary Problems
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Law and Contemporary Problems
The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.
Comment On Peterson And Selvin, Lea Brilmayer
Comment On Peterson And Selvin, Lea Brilmayer
Law and Contemporary Problems
A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Law and Contemporary Problems
It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.
Comment On Donohue, Danny Boggs
Comment On Donohue, Danny Boggs
Law and Contemporary Problems
A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
Medical Experts And The Ghost Of Galileo, Peter Huber
Medical Experts And The Ghost Of Galileo, Peter Huber
Law and Contemporary Problems
The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek
The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek
Law and Contemporary Problems
No abstract provided.
Foreword: Economists On The Bench, Jerome M. Culp
Foreword: Economists On The Bench, Jerome M. Culp
Law and Contemporary Problems
No abstract provided.
An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold
An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold
Law and Contemporary Problems
No abstract provided.