Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bias (1)
- Boomer v. Atlantic Cement Co. (1)
- Calabresi (Guido) (1)
- Call option (1)
- Cognitive bias (1)
-
- Commerce Clause (1)
- Convexity (1)
- Correlated valuation (1)
- Crimes (1)
- Discrimination (1)
- Dual-chooser (1)
- Entitlement (1)
- Gender and law (1)
- Hate crimes (1)
- Litigant (1)
- Melamed (Douglas) (1)
- Nuisance (1)
- Numerosity (1)
- Optimal pivot value (1)
- Payoff (1)
- Plaintiff-presumption (1)
- Property rule (1)
- Second order rule (1)
- Single-chooser (1)
- Spur Industries Inc. v. Del E. Webb Development Co. (1)
- Unintentional taking (1)
- United States Supreme Court (1)
- United States v. Morrison (1)
- Valuation (1)
- Vincent v. Lake Erie Transportation Co. (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart
Optimal Delegation And Decoupling In The Design Of Liability Rules, Ian M. Ayres, Paul M. Goldbart
Michigan Law Review
Calabresi and Melamed began a scholarly revolution by showing that legal entitlements have two readily distinguishable forms of protection: property rules and liability rules. These two archetypal forms protect an entitlement holder's interest in markedly different ways - via deterrence or compensation. Property rules protect entitlements by trying to deter others from taking. Liability rules, on the other hand, protect entitlements not by deterring but by trying to compensate the victim of nonconsensual takings. Accordingly, the compensatory impetus behind liability rules focuses on the takee's welfare - making sure the sanction is sufficient to compensate the takee. The deterrent impetus …
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Michigan Journal of Race and Law
This Essay will analyze how courts have defined gender-motivation, focusing on the Civil Rights Remedy cases decided before the law was struck down, in an attempt to cull from those cases the standards federal courts have used to assess gender-motivation. The article will first provide an overview of existing and proposed laws that offer some form of redress for gender-motivated crimes. It will then analyze cases decided under the Civil Rights Remedy, focusing on two key issues that have arisen as policymakers struggle with whether and how gender-based bias crimes fit in the rubric of hate crimes legislation. The first …