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Articles 1 - 24 of 24
Full-Text Articles in Law
The Modern Transformation Of Civil Law, George L. Priest
The Modern Transformation Of Civil Law, George L. Priest
Buffalo Law Review
No abstract provided.
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
University of Richmond Law Review
With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.
Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith
Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith
Vanderbilt Law Review
The jury has undergone a dramatic transformation from its earliest incarnation when jurors acted as witnesses, investigators, and tribunal. In the modern American jury trial, the parties determine what jurors learn during the proceedings. Jurors of today, assigned the role of audience members until deliberations begin, typically speak in the courtroom only during jury selection and through their verdict at the end of the trial. In light of their enforced silence throughout the trial, jurors have no opportunity to clarify or check on their interpretation of the evidence and they provide few external indications about their thinking as the trial …
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
New England Journal of Public Policy
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
BYU Law Review
No abstract provided.
To Err Is Human, Keith A. Rowley
To Err Is Human, Keith A. Rowley
Michigan Law Review
There are many kinds of mistakes. One kind-a rational, well-intended act or decision resulting in unanticipated, negative consequences-was the focus of Allan Farnsworth's previous foray into the realm of legal angst. Another kind-an act or decision prompted by an inaccurate, incomplete, or uninformed mental state and resulting in unanticipated, negative consequences- is the subject of the present book. Like its predecessor, Alleviating Mistakes does not confine itself to contract law, Farnsworth's home turf; it explores criminal, tort, restitution, and other areas of substantive law as well. As such, it paints on too large a canvas to capture its entirety in …
Trust Funds In Common Law And Civil Law Systems: A Comparative Analysis, Carly Howard
Trust Funds In Common Law And Civil Law Systems: A Comparative Analysis, Carly Howard
University of Miami International and Comparative Law Review
No abstract provided.
Civil Rights Act Of 2005: Baby Steps For Civil Rights, The, Patricia L. Eichar
Civil Rights Act Of 2005: Baby Steps For Civil Rights, The, Patricia L. Eichar
McGeorge Law Review
No abstract provided.
Chapter 240: Human Trafficking - Combating The Underground Slave Industry In California, Matthew Garber
Chapter 240: Human Trafficking - Combating The Underground Slave Industry In California, Matthew Garber
McGeorge Law Review
No abstract provided.
Keeping Homes Off The Auction Block: California Limits Foreclosures By Homeowners Associations, Niki Zupanic
Keeping Homes Off The Auction Block: California Limits Foreclosures By Homeowners Associations, Niki Zupanic
McGeorge Law Review
No abstract provided.
California Commands Conscience: Chapter 638 Regulates Violent Video Game Sales, Graham Owen
California Commands Conscience: Chapter 638 Regulates Violent Video Game Sales, Graham Owen
McGeorge Law Review
No abstract provided.
Primer For New Civil Law Clinic Students, A, Steven K. Berenson
Primer For New Civil Law Clinic Students, A, Steven K. Berenson
McGeorge Law Review
No abstract provided.
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Michigan Journal of International Law
The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …
Sheldon Kennedy And A Canadian Tragedy Revisited, M. B. Preston
Sheldon Kennedy And A Canadian Tragedy Revisited, M. B. Preston
Vanderbilt Journal of Transnational Law
National Hockey League player Sheldon Kennedy's 1997 revelation that his award-winning junior hockey coach had molested him for years created a national outcry in Canada. It resulted in the appointment of a special commission and declarations from the United States and Canada that this must never happen again. However, Kennedy was not alone; child sexual exploitation occurs at the hands of youth coaches across geographic and class boundaries and across individual and team sports.
Youth sports organizations, including schools, have approached the human and legal issues presented by child sexual exploitation in numerous ways. This Note analyzes the differences between--and …
Clearing Away The Mist: Suggestions For Developing A Principled Veil Piercing Doctrine In China, Bradley C. Reed
Clearing Away The Mist: Suggestions For Developing A Principled Veil Piercing Doctrine In China, Bradley C. Reed
Vanderbilt Journal of Transnational Law
It was less than thirty years ago that China stood economically isolated from the rest of the world. Times have certainly changed. Today China's economy is one of the fastest growing in the world, and Western businesses are inundating the country to access the abundance of cheap labor. Corporate activity is progressing, yet it was only twelve years ago that China enacted its first corporate law which officially recognized the concept of limited liability. And it was not until less than a year ago that China recognized one of the most important (and most often litigated) corporate law doctrines: piercing …
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Richmond Journal of Law & Technology
With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
UIC Law Review
No abstract provided.
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
UIC Law Review
No abstract provided.
Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall
Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark
Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark
UIC Law Review
No abstract provided.
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Albert Yoon, Tom Baker
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Albert Yoon, Tom Baker
Vanderbilt Law Review
Although their express purpose is to adjudicate disputes, courts by their institutional design encourage civil litigants to settle their differences without resorting to trial. Most civil systems impose filing fees, pleading requirements, and a highly formalized presentation of evidence; also, because of crowded civil dockets, courts typically require litigants to wait months, or even years, for their trial date.' For these reasons, and because of the increasing costs of legal representation, it is not surprising that the majority of litigants settle before trial. Notwithstanding these measures, federal courts and most state courts have an additional mechanism to encourage settlement, generally …
Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary
Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary
NYLS Law Review
No abstract provided.
Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer
Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer
Oklahoma Law Review
No abstract provided.
Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin
Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin
University of Colorado Law Review
The principle of unjust enrichment is susceptible to varying interpretations, which reflect importantly different conceptions of how courts should decide cases and develop law. The consequences of different possible interpretations of the unjust enrichment principle are nicely illustrated by a group of cases involving restitution claims between former cohabitants. Claims of this kind are endorsed by the new Restatement (Third) of Restitution and Unjust Enrichment (now in preparation). In recognizing these claims, the Restatement adopts an "equitable" interpretation of unjust enrichment for this category of cases, one that licenses courts to disregard rules and engage in particularistic decision-making. This is …