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Articles 1 - 30 of 55
Full-Text Articles in Other Law
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Deodand, Brian L. Frye
Deodand, Brian L. Frye
Seattle University Law Review SUpra
Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance and conceptual art.
In 1964, …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Faculty Scholarship
No abstract provided.
Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales
Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales
Scholarly Works
This article explores the lack of basic health and insurance protections for professional boxing participants and proposes changes in policy that will reflect the dangerous nature of professional boxing and the modem cost of medical services. Recognizing that a legislative remedy may never arrive, this article also examines previously unexplored or underutilized legal doctrines such as tort and workers' compensation law that may provide an alternative to inadequate insurance protection, and suggests a more aggressive approach along those lines to compel fuller protection for prizefighters.
Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron Twerski, John M. Shane
Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron Twerski, John M. Shane
Faculty Scholarship
No abstract provided.
Extending Comparative Fault To Apparent And Implied Consent Cases, Aaron Twerski, Nina Farber
Extending Comparative Fault To Apparent And Implied Consent Cases, Aaron Twerski, Nina Farber
Faculty Scholarship
No abstract provided.
Dualism And Doctrine, Alex Stein, Dov Fox
Optional Safety Devices: Delegating Design Responsibility To The Market, Aaron D. Twerski, James A. Henderson
Optional Safety Devices: Delegating Design Responsibility To The Market, Aaron D. Twerski, James A. Henderson
Faculty Scholarship
No abstract provided.
Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir
Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir
Faculty Scholarship
No abstract provided.
The 9/11 Litigation Database: A Recipe For Judicial Management, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr.
The 9/11 Litigation Database: A Recipe For Judicial Management, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr.
Faculty Scholarship
No abstract provided.
Managerial Judging: The 9/11 Responders' Tort Litigation, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr
Managerial Judging: The 9/11 Responders' Tort Litigation, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr
Faculty Scholarship
No abstract provided.
Real Remedies For Virtual Injuries, Anita Bernstein
Real Remedies For Virtual Injuries, Anita Bernstein
Faculty Scholarship
No abstract provided.
Teaching Torts: Rivalry As Pedagogy, Anita Bernstein
Teaching Torts: Rivalry As Pedagogy, Anita Bernstein
Faculty Scholarship
No abstract provided.
Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi
Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other types of cases as well. This article critiques the Court’s reliance on the median ratio of punitive to compensatory damages in samples of verdicts to set an upper bound for punitive damages awards. Our critique of the approach draws on the properties of statistical distributions and a new analysis of cases with punitive damages awards. The Court’s conclusion that a 1:1 ratio establishes a …
Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein
Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein
Faculty Scholarship
No abstract provided.
Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Faculty Scholarship
No abstract provided.
Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein
Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein
Faculty Scholarship
No abstract provided.
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Enterprise Of Liability, Anita Bernstein
The Enterprise Of Liability, Anita Bernstein
Faculty Scholarship
No abstract provided.
Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, Aaron Twerski, J. A. Henderson
Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein
Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein
Faculty Scholarship
No abstract provided.
Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson
Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok
Liability Without Cause? Further Ruminations On Cause-In-Fact As Applied To Handgun Liability, Aaron Twerski, A. J. Sebok
Faculty Scholarship
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Product Design Liability In Oregon And The New Restatement, Aaron Twerski, J. A. Henderson
Product Design Liability In Oregon And The New Restatement, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.