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Full-Text Articles in Law
The Law Of Last Resort, Barry E. Adler
The Law Of Last Resort, Barry E. Adler
Vanderbilt Law Review
A financially distressed individual or corporation employs the bankruptcy process only as a last resort. The study of bankruptcy law, however, need not, and should not, be an afterthought. The traditional bodies of law that compose private ordering are the laws of property, contract, and tort. Property law establishes private entitlements that can be specifically enforced against the world. Contract law permits individuals to exchange obligations and thus invest one another with entitlements. Tort law creates its own set of entitlements and imposes liability for unwanted interference with those or other entitlements. These bodies of law are often presented as …
The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown
The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Faculty Scholarship
No abstract provided.
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Journal Articles
The first-year introductory course in property law is about all that is left of the traditional black-box curriculum. It is where beginning law students cope with and despair of the arcana of English common law; where, with more detachment than, say, in the torts course, analysis of appellate opinions is what "thinking like a lawyer" means, with no more than peripheral and begrudging attention to modem legislation and administrative law; where legal reasoning is a stretching exercise and initiatory discipline. And, incidentally, surviving bravely the rude invasion of teachers of public law, it is where a teaching lawyer can point …