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Articles 1 - 7 of 7
Full-Text Articles in Law
Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell
Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell
Stephen Joseph Powell
States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Daniel H. Erskine
Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring the …
Of Equal Rights And Half Wrongs, Gideon Parchomovsky, Peter Siegelman, Thel Steve
Of Equal Rights And Half Wrongs, Gideon Parchomovsky, Peter Siegelman, Thel Steve
Peter Siegelman
With a tiny handful of exceptions, common law jurisprudence is predicated on a "winner-take-all" principle: The plaintiff either gets the entire entitlement at issue or collects nothing at all. Cases that split an entitlement between the two parties are exceedingly rare. While there may be sound reasons for the all-or-nothing rule, in this Article we argue that there is a limited but important set of property, torts, and contracts cases in which an equal division of an entitlement should be adopted. The common element in these cases is a windfall-a gain or loss that occurs despite the fact that no …
Majority Politics And Race Based Remedies, Darren Hutchinson
Majority Politics And Race Based Remedies, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Remedies: Cases And Problems, William Tabb, Elaine Shoben, Rachel Janutis
Remedies: Cases And Problems, William Tabb, Elaine Shoben, Rachel Janutis
William M. Tabb
No abstract provided.
Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik
Chapter 8 - The Contents Of On-Line Contracts, Eliza Mik
Eliza Mik
No abstract provided.
Phantom Parties And Other Practical Problems With The Attempted Abolition Of Joint And Several Liability, Nancy C. Marcus
Phantom Parties And Other Practical Problems With The Attempted Abolition Of Joint And Several Liability, Nancy C. Marcus
Nancy C Marcus
In recent years, the allocation of responsibility to multiple tortfeasors and corresponding limitations on joint and several liability have been mired with uncertainty and change. This article describes the various forms of tort reform legislation limiting joint and several liability, explaining that some states limit joint and several liability according to the proportionality of the plaintiff's comparative fault, explaining that there is no clear majority approach to joint and several liability legislation and its interpretation by the courts, that a number of states have resisted the trend toward modifying joint and several liability, and that no state has enacted legislation …