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Full-Text Articles in Law
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
Faculty Publications By Year
No abstract provided.
Should Government Be Allowed To Recover The Costs Of Public Services From Tortfeasors?: Tort Subsidies, The Limits Of Loss Spreading, And The Free Public Services Doctrine, Timothy D. Lytton
Should Government Be Allowed To Recover The Costs Of Public Services From Tortfeasors?: Tort Subsidies, The Limits Of Loss Spreading, And The Free Public Services Doctrine, Timothy D. Lytton
Faculty Publications By Year
The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This article traces the history of the doctrine and argues for its elimination. The article criticizes case law supporting the doctrine and raises objections based on fairness, efficiency, and institutional concerns about the proper limits of judicial policy making. The article discusses the implications of eliminating the doctrine for tobacco litigation, gun litigation, and tort reform.
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications By Year
No abstract provided.
The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf
The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf
Faculty Publications By Year
Constitutional theorists have begun focusing a great deal of attention on constitutionalism outside the judiciary. As Professor Neal Katyal points out in his insightful paper, the impeachment and trial of President Clinton provide an outstanding opportunity to reflect upon the practice of constitutionalism outside the courts. During these episodes, the House of Representatives and the Senate confronted numerous constitutional questions, but rarely resolved them on the basis of an identifiable construction of the Constitution's meaning. There is, however, at least one important question of constitutional interpretation that the House of Representatives must be understood to have resolved: the scope of …
Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer
Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer
Faculty Publications By Year
No abstract provided.