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- Restatement (Third) of the Law of Restitution and Unjust Enrichment (Proposed) (4)
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- Sustainable Development Law & Policy (7)
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Articles 1 - 30 of 33
Full-Text Articles in Law
Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson
Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson
Michigan Law Review First Impressions
With Stare Decisis and Constitutional Text, Jonathan Mitchell has produced what I think is the most interesting and creative textual defense (or at least partial defense) to date of the use of horizontal precedent in federal constitutional cases. Mitchell's careful analysis of the Supremacy Clause is fascinating and instructive, and he does an impeccable job of drawing out the implications of his premise that the Supremacy Clause prescribes only a very limited choice-of-law rule-a rule that does not, by its own terms, specifically elevate the Constitution above federal statutes and treaties. His innovative and intriguing framework yields four distinct conclusions …
Property's Morale, Nestor M. Davidson
Property's Morale, Nestor M. Davidson
Michigan Law Review
A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …
The Consistent Ethic Of Life: A Proposal For Improving Its Legislative Grasp, Helen M. Alvare
The Consistent Ethic Of Life: A Proposal For Improving Its Legislative Grasp, Helen M. Alvare
University of St. Thomas Law Journal
No abstract provided.
A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter
A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter
University of Arkansas at Little Rock Law Review
No abstract provided.
The Future Of Public Interest Law, Scott L. Cummings
The Future Of Public Interest Law, Scott L. Cummings
University of Arkansas at Little Rock Law Review
No abstract provided.
Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck
Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck
University of Arkansas at Little Rock Law Review
No abstract provided.
Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones
Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels
A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels
University of Arkansas at Little Rock Law Review
No abstract provided.
Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek
Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek
University of Arkansas at Little Rock Law Review
No abstract provided.
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Legislation and Policy Brief
On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register. As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status. Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …
Three Restatements Of Restitution, Andrew Kull
Three Restatements Of Restitution, Andrew Kull
Washington and Lee Law Review
No abstract provided.
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
Washington and Lee Law Review
No abstract provided.
A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell
A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell
Washington and Lee Law Review
In the Restatement (Third) of Restitution and Unjust Enrichment, breach of contract is regarded as a "wrong," and, in response to the perceived shortcomings of the current law of remedies based on compensatory damages, the proposed Section 39 seeks to provide for disgorgement of profit as an alternative remedy for "opportunistic" breach. In so doing, the Restatement is substantially repeating the argument for the extension of restitutionary remedies for breach of contract which recently has had great success in the Commonwealth. The restitutionary criticism of compensatory damages is, at root, that those damages are unable to prevent important forms of …
A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni
Washington and Lee Law Review
No abstract provided.
Translocations And Inertia, W. F. Young
Translocations And Inertia, W. F. Young
Washington and Lee Law Review
No abstract provided.
Indeterminacy And The Law Of Restitution, James Steven Rogers
Indeterminacy And The Law Of Restitution, James Steven Rogers
Washington and Lee Law Review
No abstract provided.
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Michigan Law Review
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Public Interest Law Review
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
What We Make Matter, Sherman J. Clark
What We Make Matter, Sherman J. Clark
Michigan Law Review
The Michigan Law Review's Survey of Books Related to the Law provides an annual opportunity not only to consider a range of legal issues and views, but also to think about the range of ways we argue about and study the law. In this Foreword, I would like to suggest that we think not only about how we choose to argue, but also the potential consequences of those choices. When we study or argue about law and politics, we routinely and sensibly consider the possible unintended impact of particular substantive rules and policies. Here I suggest that we should attend …
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Sustainable Development Law & Policy
No abstract provided.
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Sustainable Development Law & Policy
No abstract provided.
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Development Law & Policy
No abstract provided.
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Sustainable Development Law & Policy
No abstract provided.
Introduction: Cities And Sustainability
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
University of Michigan Journal of Law Reform
The failure of regulatory systems over the past two decades to lessen the environment degradation associated with modern human economic output has begun to undermine the legitimacy of environmental lawmaking in the United States and around the world. Recent scholarship suggests that reversal of this trend will require a breach of the environmental administrative apparatus by democratization of a particular kind, namely the inclusion of greater public discourse within the context of regulatory decision-making. This Article examines this claim through the lens of modern legal positivism. Legal positivism provides the tools necessary to test for and identify the specfic structural …
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Endowment Effect In Ip Transactions: The Case Against Debiasing, Ofer Tur-Sinai
The Endowment Effect In Ip Transactions: The Case Against Debiasing, Ofer Tur-Sinai
Michigan Telecommunications & Technology Law Review
This Article contains a critical discussion of recent studies by Christopher Buccafusco and Christopher Sprigman concerning the role of the endowment effect in intellectual property transactions. According to the thesis presented in these studies, the existence of an endowment effect in the markets for IP goods causes inefficiencies. In order to counteract such inefficiencies, the authors argue, IP rights must be weakened in various ways, including shifting toward liability rules, adding formalities in copyright law, and expanding the fair use doctrine. The thesis as presented is groundbreaking and would have broad implications. This Article, however, points out several shortcomings of …
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.