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Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin Pandya 2009 University of Connecticut School of Law

Detecting The Stealth Erosion Of Precedent: Affirmative Action After Ricci, Sachin Pandya

Sachin S. Pandya

This paper presents a method for detecting stealth precedent erosion, i.e., when an appellate court majority deliberately writes the opinion in case y to reduce the scope of its precedent x, but does not expressly refer to precedent x in the opinion. Applying this method, the paper provides a strong basis for concluding that in Ricci v. DeStefano (2009), a United States Supreme Court case decided under Title VII of the Civil Rights Act of 1964, the Court majority eroded by stealth United Steelworkers of America v. Weber (1979), and Johnson v. Transportation Agency (1987), both cases that read ...


Access To Courts And Preemption Of State Remedies In Collective Action Perspective, Robert Glicksman, Richard Levy 2009 George Washington University Law School

Access To Courts And Preemption Of State Remedies In Collective Action Perspective, Robert Glicksman, Richard Levy

Robert L. Glicksman

Preemption of common law remedies for individual injuries such as harm to health raises fundamental questions about the proper allocation of authority between the federal and state governments and about the role of courts in interpreting statutes and providing remedies for those who suffer injuries. Developing a workable framework for analyzing what we call “remedial preemption” issues can help to ensure an appropriate accommodation of the federal and state interests at stake and promote consistent application of preemption doctrine to state judicial remedies.

This article applies a “collective action” framework for preemption analysis to the issue of remedial preemption. Our ...


Legal Update, Thaddeus Pope 2009 Widener University - Delaware Campus

Legal Update, Thaddeus Pope

Thaddeus Mason Pope

No abstract provided.


Towards A Better Assessment Of Pain And Suffering Damages, V. Karapanou, L. Visscher 2009 Erasmus University of Rotterdam, Erasmus School of Law

Towards A Better Assessment Of Pain And Suffering Damages, V. Karapanou, L. Visscher

Dr. Vaia Karapanou

No abstract provided.


What Is The Point Of The Tort Remedy?, Avihay Dorfman 2009 Tel Aviv University Faculty of Law

What Is The Point Of The Tort Remedy?, Avihay Dorfman

Avihay Dorfman

A tort remedy, as the conventional wisdom has it, might serve any number of masters (ranging from justice to economic efficiency) by vindicating the status quo ante the tort. I shall argue that this view forces one to accept the proposition that the duty to restore the victim to the status quo ante the wrong done her represents a contingency – that is, one among different permissible extensions of the core of the remedial regime animating tort law. Anything outside the core of the remedial regime of tort law, which is the victim’s entitlement to have her rights vindicated by ...


Toxic Torts In A Nutshell, Jean Eggen 2009 Widener Law

Toxic Torts In A Nutshell, Jean Eggen

Jean M. Eggen

No abstract provided.


My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan Beery 2009 Thomas M Cooley Law School

My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan Beery

Brendan T Beery

This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.


Legal Briefing: Informed Consent, Thaddeus Pope 2009 Widener University - Delaware Campus

Legal Briefing: Informed Consent, Thaddeus Pope

Thaddeus Mason Pope

This issue’s “Legal Briefing” column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: (1) general disclosure standards in the clinical context, (2) shared decision making, (3) statutorily mandated abortion disclosures, (4) statutorily mandated end-of-life counseling, (5) other statutorily mandated subject-specific disclosures, (6) U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent ...


Mock Trials And The Debate Between Litigation Driven Versus Management Driven Models Of Business Law Instruction, Pamela Gershuny 2009 Southeast Missouri State University

Mock Trials And The Debate Between Litigation Driven Versus Management Driven Models Of Business Law Instruction, Pamela Gershuny

Pamela Gershuny

This article offers a compromise position in the longstanding and often heated debate between proponents of the Management Driven Model for teaching undergraduate Legal Environment of Business courses and those scholars supporting the Litigation Driven Model. The goal in both camps is to stimulate a desire to learn. This is especially challenging for business law professors, however, as undergraduate business students usually enroll because it is required, not because they have a deep and profound interest in learning the law. This study was designed to gain a greater understanding of the learning outcomes associated with the mock trial as an ...


Rough Justice, Alexandra Lahav 2009 Fordham Law School

Rough Justice, Alexandra Lahav

Alexandra D. Lahav

This Essay offers a new justification for rough justice. Rough justice, as I use the term here, is the attempt to resolve large numbers of cases by using statistical methods to give plaintiffs a justifiable amount of recovery. It replaces the trial, which most consider the ideal process for assigning value to cases. Ordinarily rough justice is justified on utilitarian grounds. But rough justice is not only efficient, it is also fair. In fact, even though individual litigation is often held out as the sine qua non of process, rough justice does a better job at obtaining fair results for ...


Acing Contracts, Suzanne Darrow-Kleinhaus 2009 Touro Law Center

Acing Contracts, Suzanne Darrow-Kleinhaus

Suzanne Darrow Kleinhaus

This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book.


Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter 2009 University of California, Hastings College of the Law

Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter

Ben Depoorter

Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important information from the public. This Essay identifies, to the contrary, problematic issues involving the availability of information on non-representative settlements. The theoretical and empirical evidence presented in this Essay demonstrates that, despite the widespread use of nondisclosure agreements, information on settlements is distributed both inside and outside legal communities, reaching actors through various channels including the oral culture in legal communities, specialized reporters, professional interest organizations, and media coverage. Moreover, information on private settlement agreements circulates more widely if the agreed compensation in a given settlement exceeds ...


Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal 2009 Chapman University School of Law

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal

Lawrence Rosenthal

After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. This article argues that the case for providing such compensation is deeply problematic under the justificatory theories usually advanced in support of either no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable to as a means of creating an economic incentive to scale back conduct thought highly likely to produce social losses, it is far from clear that the risk of error is so high in ...


Tort Law's Flaws, Jeffrey O'Connell, Christopher Robinette 2009 University of Virginia - Main Campus

Tort Law's Flaws, Jeffrey O'Connell, Christopher Robinette

Christopher J Robinette

This succinct paperback on tort reform lays bare one of the most important recent movements in the civil justice field. It begins with a brief overview of central themes and issues and then presents a series of original essays and comments by preeminent scholars, lawyers, and leaders in Tort Reform. The essays are followed by fictional narratives written from the standpoint of plaintiffs, defendants, and policymakers; a simulation; and a selection of carefully edited articles, government documents, interest group position papers, and cases. Comments, notes, and questions are interspersed throughout the text.


To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan Lincoln 2009 University of California, Berkeley

To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan Lincoln

Ryan S. Lincoln

No abstract provided.


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


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