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Articles 1 - 27 of 27
Full-Text Articles in Public Law and Legal Theory
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
Washington and Lee Law Review
No abstract provided.
A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell
A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell
Washington and Lee Law Review
In the Restatement (Third) of Restitution and Unjust Enrichment, breach of contract is regarded as a "wrong," and, in response to the perceived shortcomings of the current law of remedies based on compensatory damages, the proposed Section 39 seeks to provide for disgorgement of profit as an alternative remedy for "opportunistic" breach. In so doing, the Restatement is substantially repeating the argument for the extension of restitutionary remedies for breach of contract which recently has had great success in the Commonwealth. The restitutionary criticism of compensatory damages is, at root, that those damages are unable to prevent important forms of …
Translocations And Inertia, W. F. Young
Translocations And Inertia, W. F. Young
Washington and Lee Law Review
No abstract provided.
Three Restatements Of Restitution, Andrew Kull
Three Restatements Of Restitution, Andrew Kull
Washington and Lee Law Review
No abstract provided.
A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni
Washington and Lee Law Review
No abstract provided.
Indeterminacy And The Law Of Restitution, James Steven Rogers
Indeterminacy And The Law Of Restitution, James Steven Rogers
Washington and Lee Law Review
No abstract provided.
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Criminal Justice And The Public Imagination, Erik Luna
Criminal Justice And The Public Imagination, Erik Luna
Scholarly Articles
As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that …
Consumption, Development Aid, And Natural Law, Gary Chartier
Consumption, Development Aid, And Natural Law, Gary Chartier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Scholarly Articles
Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray.A s a constitutional doctrine whose contours remain imprecise, the law of personal jurisdiction has generated confusion, unpredictability, and extensive satellite litigation over what should be an uncomplicated preliminary issue. Many commentators have long lamented these defects, making suggestions for how the doctrine could be improved. Although many of these proposals have had much to offer, they generally have failed to articulate (or adequately justify or explain) a simple and sound approach to jurisdiction that the Supreme Court can embrace. This Article revises the law of personal jurisdiction by …
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
Washington and Lee Law Review
No abstract provided.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
Washington and Lee Law Review
This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in bankruptcy …
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Washington and Lee Law Review
No abstract provided.
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Washington and Lee Law Review
No abstract provided.
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
Washington and Lee Law Review
No abstract provided.
The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz
The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz
Washington and Lee Law Review
No abstract provided.
Handgun Article, Lewis F. Powell Jr.
In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian
In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian
Washington and Lee Law Review
No abstract provided.
Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey
Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey
Washington and Lee Law Review
No abstract provided.
Prospects For A General Theory Of Economic Regulation, Thomas D. Barton
Prospects For A General Theory Of Economic Regulation, Thomas D. Barton
Washington and Lee Law Review
No abstract provided.
Force, Stanley E. Fish
Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty
Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty
Washington and Lee Law Review
No abstract provided.
The American Commonwealth. By Louis Heren, Donald M. Borrock
The American Commonwealth. By Louis Heren, Donald M. Borrock
Washington and Lee Law Review
No abstract provided.
Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.
Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr.
Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr.
Powell Speeches
Article prepared for "Perspective" section of Richmond Times Dispatch as response to article by AP newsfeature writer Bernard Gavzer.
The American Jury, By Harry Kalven, Jr. And Hans Zeisel
The American Jury, By Harry Kalven, Jr. And Hans Zeisel
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]
Washington and Lee Law Review
No abstract provided.