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Articles 1 - 13 of 13

Full-Text Articles in Law

Property Rules As Remedies, Emily Sherwin Feb 2015

Property Rules As Remedies, Emily Sherwin

Emily L Sherwin

No abstract provided.


Why Is Corrective Justice Just?, Emily Sherwin Feb 2015

Why Is Corrective Justice Just?, Emily Sherwin

Emily L Sherwin

No abstract provided.


Reparations And Unjust Enrichment, Emily Sherwin Feb 2015

Reparations And Unjust Enrichment, Emily Sherwin

Emily L Sherwin

Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle for reparations claims based on slavery and similar large-scale historical injustices. The justifying principle behind restitution—prevention of unjust enrichment—lacks the moral force necessary to resolve a controversial public dispute about moral rights and obligations among segments of society. At its core, a claim to restitution is an attempt to right a wrong not by alleviating the adverse consequences to oneself, but by diminishing the position of others. In other words, the notion of unjust enrichment is a comparative idea that draws on resentment and the desire …


Nonmaterial Misrepresentation: Damages, Rescission, And The Possibility Of Efficient Fraud, Emily Sherwin Feb 2015

Nonmaterial Misrepresentation: Damages, Rescission, And The Possibility Of Efficient Fraud, Emily Sherwin

Emily L Sherwin

Buried in the details of legal doctrine governing misrepresentation is a remedial anomaly that raises some interesting questions about how law should deal with moral wrongs such as fraud. We tend to think of deliberate deception--fraud--as a grave moral wrong. At least, we think of deception as gravely wrong when the deceiver's objective is not to avert harm or spare feelings, but to obtain someone's money or goods. Deception denies the autonomy of the person deceived and undermines the foundation of trust in human interaction. The law, however, does not penalize every instance of fraud. Moreover, the standards governing when …


Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild Feb 2015

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Emily L Sherwin

No abstract provided.


An Essay On Private Remedies, Emily Sherwin Feb 2015

An Essay On Private Remedies, Emily Sherwin

Emily L Sherwin

No abstract provided.


Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin Feb 2015

Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin

Emily L Sherwin

No abstract provided.


Epstein's Property, Emily Sherwin Feb 2015

Epstein's Property, Emily Sherwin

Emily L Sherwin

In an era of skepticism about common law traditions and sensitivity to claims of distributive injustice, Richard Epstein has been an unflinching defender of private property rights. He has insisted that property rights are intelligible, and reminded us of their importance to social and economic welfare. In this paper, I shall offer what I believe is a friendly interpretation of Epstein's writings on property, and then pose some internal questions about the approach he has outlined. I begin with a quick summary of his description of property rights in an ideal legal regime.


Constructive Trusts In Bankruptcy, Emily Sherwin Feb 2015

Constructive Trusts In Bankruptcy, Emily Sherwin

Emily L Sherwin

No abstract provided.


Compensation And Revenge, Emily Sherwin Feb 2015

Compensation And Revenge, Emily Sherwin

Emily L Sherwin

No abstract provided.


Interpreting Tort Law, Emily Sherwin Feb 2015

Interpreting Tort Law, Emily Sherwin

Emily L Sherwin

No abstract provided.


Law And Equity In Contract Enforcement, Emily Sherwin Feb 2015

Law And Equity In Contract Enforcement, Emily Sherwin

Emily L Sherwin

No abstract provided.


Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin Feb 2015

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Emily L Sherwin

No abstract provided.