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Full-Text Articles in Law

In Defense Of The Good Samaritan, Hanoch Dagan Mar 1999

In Defense Of The Good Samaritan, Hanoch Dagan

Michigan Law Review

In the year 1880, in Dalles City, Oregon, a large and valuable load of lumber fell into the Columbia River and was about to be carried away by the river's waters. Since Savage, the owner of this lumber, was absent from the scene, Glenn - who, at that time, was doing construction work for Savage - "furnished help and did service" in saving the lumber "from being washed away and lost." Seven years later, the Supreme Court of Oregon rejected Glenn's claim that Savage owed him "the reasonable value" of his services as well as of the services of the …


Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman Jan 1999

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Scholarly Articles

No abstract provided.


Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin Jan 1999

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Reviews

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …


The Distributive Foundation Of Corrective Justice, Hanoch Dagan Jan 1999

The Distributive Foundation Of Corrective Justice, Hanoch Dagan

Michigan Law Review

There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …