Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ADR Project (1)
- Alabama Law Review (1)
- American Medical Association (AMA) (1)
- Authoritarianism (1)
- Behavioral economics (1)
-
- Berlin Wall (1)
- Capital offense (1)
- Capital punishment (1)
- Civil law (1)
- Commodification (1)
- Common law (1)
- Contract law (1)
- Coordinated market economies (CMEs) (1)
- Corporate law (1)
- Criminal justice (1)
- Criminal law (1)
- Cultural identity (1)
- Death penalty (1)
- Disclosure conversation (1)
- East Germany (1)
- Economic development (1)
- Economic syste (1)
- Federal Republic of Germany (FRG) (1)
- Fiscal regionalism (1)
- Fordham Law Review (1)
- Furman v. Georgia (1)
- German Democratic Republic (GDR) (1)
- Health care provider (1)
- Health care system (1)
- Human rights violation (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Recognizing Victimhood, Christine Wilke
Recognizing Victimhood, Christine Wilke
Studio for Law and Culture
The category of victimhood resonates deeply with many contemporary struggles for recognition without, however, receiving similar attention by political theories of recognition. Many “struggles for recognition” are fought with explicit reference to massive injustice that have ceased without having been publicly recognized as injustices. The state responses to claims for the recognition of victimhood mirror, I will argue, the state’s dominant conceptions of justice and injustice. In many cases, the state affirms its conceptions of injustice and moral innocence through the selective recognition of victims. For example, the U.S. government has granted Japanese-Americans interned during the Second World War an …
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Faculty Scholarship
This chapter seeks to explain the affinity between the nature of economic systems: coordinated market economies (CMEs) and liberal market economies (LMEs) on the one hand, and legal origin (civil vs common law systems) on the other. It starts with the simple observation that LMEs tend to be common law jurisdictions, and CMEs civil law jurisdictions. It proposes that the affinity between economic and legal system offers important insights into the foundations of different types of market economies and, in particular, differences in the scope of the state vs the powers of the individual. The main argument is that the …
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy
Faculty Scholarship
Neuroeconomics — the study of brain activity in people engaged in tasks of reasoning and choice — looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This Article explains what is most exciting about the new field and lays out some specific research tasks for it.
Beyond City And Suburb: Thinking Regionally, Richard Briffault
Beyond City And Suburb: Thinking Regionally, Richard Briffault
Faculty Scholarship
“City” and “suburb” as they were known and debated in the twentieth century are no more. Increasingly, the key urban unit in metropolitan America is the region. Robert Bruegmann’s Sprawl: A Compact History, a chronicle of the melding of city and suburban land use patterns, illustrates this development. Joel Kotkin’s The City: A Global History, which expresses concern about the loss of traditional urban distinctiveness, also reflects this. In her review of both books, Nicole Stelle Garnett appropriately raises issues of interlocal competition and equity, and the quality of urban life in metropolitan America, but she errs in framing them …
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Faculty Scholarship
The health care system in the United States is in turmoil. Patients are being harmed by too many, often fatal, mistakes. At the same time, physicians and hospitals are trying to cope with a costly medical malpractice crisis. These two crises create a vicious cycle. When something goes wrong in patient care, physicians and hospitals withhold apologies and offer as little information as possible for fear that anything they say may be used against them should patients or family members sue. Family members, in many cases, sue not only to receive compensation for injuries, but also in search of answers …
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Faculty Scholarship
In a recent speech to the American Bar Association, Justice John Paul Stevens "issued an unusually stinging criticism of capital punishment." Although he "stopped short of calling for an end to the death penalty," Justice Stevens catalogued a number of its "'serious flaws,'" including several procedures that the full Court has reviewed and upheld over his dissent – selecting capital jurors in a manner that excludes those with qualms about the death penalty, permitting elected state judges to second-guess jurors when they decline to impose the death penalty, permitting states to premise death verdicts on "victim impact statements," tolerating sub-par …