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Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger 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, William Baude, Ryan D. Doerfler 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, Samuel D. Hodge, Jr., Joanne Callahan 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, Jamy E. Barreau 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, Mitchell N. Berman 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, Renee M. Jones 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, Ted Occhialino 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, Paul Cajacuri Jancachagua 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

En el IX Pleno Casatorio Civil, el tema abordado consistió en determinar si debía o no existir la posibilidad de analizar la validez de un titulo presentado en las pretensiones que se ventilen en la vía procedimental sumarísima. Asimismo, se trató de definir la amplitud del poder otorgado al Juez en virtud del artículo 220° del Código Civil.
En ese sentido, el presente articulo tiene como fin informar las variaciones en la estructura del proceso sumarísimo a raíz de los precedentes establecidos en el citado pleno casatorio.


The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones 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, Katharine G. Young 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, Philip K. Y. Lau 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, Harry M. Hipler 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?, Daniel P. Fernandez 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, Donald J. Kochan 2017 Chapman University School of Law

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell 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, Eric Andrews 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, Richard O. Brooks 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, James M. Thunder 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, Victor J. Genchi 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, Natasa Glisic 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.


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