Digital Commons Network^™

Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks

Articles

The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.

This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …

The Political Economy Of Barry Commoner, James E. Krier

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The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Legal Affinities, Joseph Vining

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Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …

Mixed Modules In L, R. Gobel, Brendan Goldsmith

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By assuming the set-theoretic hypothesis V = L we show that, for a large class of rings R, there exist, for any regular not weekly compact cardinals K, strongly k-cyclic mixed R-modules having endomorphism algebra isomorphic to the split extension of the R-algebra A by the ideal of bounded endomorphism provided A is free qua R-module and K./Az/

The High Seas And The International Seabed Area, Bernard H. Oxman

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No abstract provided.

Poison Pills And Litigation Uncertainty, Charles M. Yablon

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The article argues that the legal uncertainty surrounding poison pills in corporate takeovers is not accidental but a result of deliberate strategies by judges and corporate lawyers. This uncertainty encourages negotiation between incumbent management and raiders, preventing either side from having absolute control. The analysis explores the implications of this uncertainty, particularly its impact on the balance of power and management's ability to influence takeover outcomes. It also considers whether maintaining this uncertainty is more beneficial than establishing clear legal rules regarding poison pills.

Capital Punishment: A Disputation, Peter Lushing

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The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.

Flipbooks For A Change!, Andrew Davidhazy

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Exploring the "flipbook" with photography. A classic animation concept applicable to an introduction to photography class.

Determination Of The Burst Initiation Location And The Tear Propagation Velocity During Air Burst Testing Of Latex Condoms, Andrew Davidhazy

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The stress testing of latex condoms by an air burst procedure has been slow in gaining industry acceptance because questions have been raised regarding the influence of the test apparatus on the likelihood of breakage occurring where the condom is attached to the inflation device. It was desired to locate the areas at which the condoms tend to burst and thus corroborate or disprove these claims. Several factors associated with the bursting condom demanded the use of special instrumentation to detect and study the burst initiation process. Microsecond duration electronic flashes were used for the initial stages of the investigation. …

Maximal Order Abelian Subgroups Of Symmetric Groups, J. M. Burns, Brendan Goldsmith

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No abstract available

On Almost-Free Modules Over Complete Discrete Valuation Rings, Brendan Goldsmith, R. Gobel

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No abstract available

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

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No abstract provided.

From The Shoulders Of Houston: A Vision For Social And Economic Justice Commemorative To Charles Hamilton Houston: Commemorative Articles, Steven H. Hobbs

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No abstract provided.

The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.

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The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.

This author's personal approach to legal affairs of this sort is to draw on the laws of biology …

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

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Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

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No abstract provided.

Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

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No abstract provided.

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

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No abstract provided.

Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby

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No abstract provided.

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

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The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.

Nollan, Henry George, And Exactions, Stewart E. Sterk

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The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …

Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory And Contract Law, Lester Brickman, Lawrence A. Cunningham

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Since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. This may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Among the more provocative contributors to this ongoing debate, Professor Steven Lubet recently reviewed our work advocating the ban against nonrefundable retainers and posed …

Feminism Unmodified, Cass R. Sunstein

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No abstract provided.

The Mistakes Of 1937, Richard A. Epstein

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No abstract provided.

The Jurisprudence Of Skepticism, Richard A. Posner

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No abstract provided.

Contract Rights And Property Rights: A Case Study In The Relationship Between Individual Liberties And Constitutional Structure, Michael W. Mcconnell

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In this Essay, Professor McConnell argues that constitutional interpretation should extend beyond the substantive principles expressed in the Constitution to the structural and institutional choices of the Framers. As an example, he explores possible explanations for the disparate treatment the Constitution accords to property and contract rights. Despite the Founders' general commitment to the preservation of private contract and property rights, the contracts clause, by its terms, applies only to state governments, while the just compensation clause applies solely to the federal government. Part I of the Essay summarizes the textual problem posed by the contracts and just compensation clauses. …

Blackmail, Ronald H. Coase

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No abstract provided.

The Constitution Of Business, Frank H. Easterbrook

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No abstract provided.

Foreword: Unconstitutional Conditions, State Power, And The Limits Of Consent, Richard A. Epstein

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No abstract provided.

Strategic Delays And Fiduciary Duties, Saul Levmore

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No abstract provided.