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Full-Text Articles in Jurisprudence

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach Jan 2012

Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach

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No abstract provided.


Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan Aug 2011

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …


Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus Jan 2011

Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus

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A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …


Time Out, Stephen B. Burbank Jan 2009

Time Out, Stephen B. Burbank

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No abstract provided.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp May 2006

Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp

ExpressO

Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …


Reverse Bifurcation, Dru Stevenson Mar 2006

Reverse Bifurcation, Dru Stevenson

ExpressO

Reverse bifurcation is a trial procedure in which the jury determines damages first, before determining liability. The liability phase of the trial rarely occurs, because the parties usually settle once they know the value of the case. This procedure is already being used in thousands of cases – nearly all the asbestos and Fen-phen cases – but this is the first academic article devoted to the subject. This article explains the history of the procedure and analyzes why it encourages settlements, simplifies jury instructions, and produces better outcomes for the parties.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy Aug 2004

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …


Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

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No abstract provided.


The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

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No abstract provided.


The Roles Of Litigation, Stephen B. Burbank Jan 2002

The Roles Of Litigation, Stephen B. Burbank

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No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

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No abstract provided.


The World In Our Courts, Stephen B. Burbank May 1991

The World In Our Courts, Stephen B. Burbank

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No abstract provided.


Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

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No abstract provided.


Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank Jan 1989

Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank

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No abstract provided.


The Costs Of Complexity, Stephen B. Burbank Apr 1987

The Costs Of Complexity, Stephen B. Burbank

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No abstract provided.


Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank Jan 1986

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

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No abstract provided.


Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank Jan 1985

Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank

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No abstract provided.


Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank Jan 1983

Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank

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No abstract provided.