Yale Law School
University of Connecticut
Northwestern University School of Law
SelectedWorks
Washington University School of Law
William & Mary Law School
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text,
2017
Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Benjamin L. Berger
The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there ...
Arguing With Friends,
2017
University of Chicago
Arguing With Friends, William Baude, Ryan D. Doerfler
Faculty Scholarship
It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.
Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...
Understanding Medical Records In The Twenty-First Century,
2017
Barry University School of Law
Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan
Barry Law Review
No abstract provided.
Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review,
2017
Barry University School of Law
Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review, Jamy E. Barreau
Barry Law Review
No abstract provided.
For Legal Principles,
2017
University of Pennsylvania Law School
For Legal Principles, Mitchell N. Berman
Faculty Scholarship
Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that distinguishes “rules” from “principles.” Larry Alexander is the foremost challenger to this bit of legal-theoretic orthodoxy. In several articles, but especially in “Against Legal Principles,” an influential article co-authored with Ken Kress two decades ago, Alexander has argued that legal principles cannot exist.
In ...
The Irrational Actor In The Ceo Suite: Implications For Corporate Governance,
2017
Boston College Law School
The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones
Renee Jones
This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong.
Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm ...
Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents,
2017
University of New Mexico
Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents, Ted Occhialino
Ted Occhialino
No abstract provided.
Notas A Tener En Cuenta Sobre El Contradictorio Procesal, Según El Ix Pleno Casatorio Civil, A Fin De, Irónicamente, Evitar Pronunciamientos Similares Al Citado Pleno,
2017
Universidad Nacional Mayor de San Marcos
Notas A Tener En Cuenta Sobre El Contradictorio Procesal, Según El Ix Pleno Casatorio Civil, A Fin De, Irónicamente, Evitar Pronunciamientos Similares Al Citado Pleno, Paul Cajacuri Jancachagua
Paul Cajacuri Jancachagua
The Irrational Actor In The Ceo Suite: Implications For Corporate Governance,
2017
Boston College Law School
The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones
Boston College Law School Faculty Papers
This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong.
Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm ...
On What Matters In Comparative Constitutional Law: A Comment On Hirschl,
2017
Boston College Law School
On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young
Katharine G. Young
The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl’s Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions ...
Revolutionary Disobedience,
2017
Barry University School of Law
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it ...
Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies,
2017
Barry University School of Law
Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler
Barry Law Review
No abstract provided.
Riparian Rights In A Polluted World: Property Right Or Tort?,
2017
Barry University School of Law
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Barry Law Review
No abstract provided.
I Share, Therefore It's Mine,
2017
Chapman University School of Law
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code,
2017
Western University
No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell
Western Journal of Legal Studies
Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.
In Canada, this traditional view of white-collar criminals ...
Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew,
2017
University of Western Ontario, Faculty of Law
Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, Eric Andrews
Western Journal of Legal Studies
Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively uncontroversial private law remedy. However, the circumstances under which a court will consider awarding punitive damages have evolved with recent Supreme Court decisions. One example is the introduction of the independent actionable wrong requirement in Vorvis v Insurance Corporation of British Columbia. The independent actionable wrong ...
A Jurisprudence Of Planning: Notes On The Outline Of Law Required To Support And Control Planners,
2017
St. John's University School of Law
A Jurisprudence Of Planning: Notes On The Outline Of Law Required To Support And Control Planners, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals,
2017
St. John's University School of Law
The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals, James M. Thunder
The Catholic Lawyer
No abstract provided.
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change,
2017
Barry University School of Law
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi
Barry Law Review
No abstract provided.
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance,
2017
Barry University School of Law
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic
Barry Law Review
No abstract provided.
