Law Commons^™

The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky

Alex Stein

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …

The Faith That Divides Us: Lines Of (In)Division Between Religion & Politics (Reviewing Hijacked: Responding To The Partisan Church Divide By Mike Slaughter & Charles E. Gutenson, With Robert P. Jones)), Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.

A National Model For Disaster Recovery: Growing Green Jobs In The Age Of Energy Efficiency, Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.

Environmental Justice And Eschatology In Revelation, Jonathan C. Augustine

Jonathan C. Augustine

The concept of environmental justice is not new. While some scholars and activists trace its origins as part of the ongoing American Civil Rights Movement—a movement which emerged within the interdisciplinary connection of law and religion—this Essay argues that the concept of environmental justice has deep origins in the Holy Bible. With a foundation in the Old Testament Hebrew scriptures, this Essay combines the disciplines of law and religion by arguing that the Book of Revelation should be read ecologically, as a clarion call to protect the environment in anticipation of the time the triune God will return to live …

Materiality: A Needed Return To Basics In False Claims Act Liability, Monica P. Navarro

Monica P. Navarro

This article discusses the creation and failures of the express and implied certification constructs developed by federal courts to analyze falsity under the False Claims Act and advocates for the retirement of these judicial constructs in favor of the adoption of a materiality regime for deciding falsity under the Act.

Divorce Law Advice: An Overview Of Different Spousal Support Options, William Thies

William Thies

Divorce involves theexpiration of one’s marriage, authorized legally by an officiating body or a court. When spouses are in the process of ending their marriage; it is necessary to brief one on the proper proceedings.

Managing Summary Judgment, Steven S. Gensler, Lee H. Rosenthal

Steven S. Gensler

No abstract provided.

Un Atisbo A 'Transcendental Non Sense And The Functional Approach' De Felix S. Cohen, Carlos Alberto Flores Hernández

Carlos Alberto Flores Hernández

Redacté este ensayo sobre un jurista poco explorado en México,aunque destacado en EEUU: Félix S. Cohen. Precursor del estudio ysistematización del derecho indígena en la Unión Americana, su perspectivafuncionalista destaca en su ensayo Transcendentalnon sense and the functional approach. Presento este trabajo que contieneun atisbo a este importante jurista americano.

The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French

Christopher C. French

As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …

The “Non-Cumulation Clause”: An “Other Insurance” Clause By Another Name, Chris French

Christopher C. French

How long-tail liability claims such as asbestos bodily injury claims and environmental property damage claims are allocated among multiple triggered policy years can result in the shifting of tens or hundreds of millions of dollars from one party to another. In recent years, insurers have argued that clauses commonly titled, “Prior Insurance and Non-Cumulation of Liability” (referred to herein as “Non-Cumulation Clauses”), which are found in commercial liability policies, should be applied to reduce or eliminate their coverage responsibilities for long-tail liability claims by shifting their coverage responsibilities to insurers that issued policies in earlier policy years. The insurers’ argument …

An Unsettling Development: The Use Of Settlement Related Evidence For Damages Determinations In Patent Litigation, Tejas N. Narechania, J. Taylor Kirklin

Tejas N. Narechania