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Articles 1 - 23 of 23
Full-Text Articles in Law
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market-responsive. But, given the ways in which zoning is a foundational part of the racial and …
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A New Balance Of Evils: Prosecutorial Misconduct, Iqbal, And The End Of Absolute Immunity, Mark Niles
A New Balance Of Evils: Prosecutorial Misconduct, Iqbal, And The End Of Absolute Immunity, Mark Niles
Articles in Law Reviews & Other Academic Journals
Criminal prosecutors wield immense power in the criminal justice system. While the majority of prosecutors exercise this power in a professional manner, there is compelling evidence of a serious and growing problem ofprosecutorial misconduct in this country. Although much prosecutorial misconduct results in the violation of the constitutional and other legal rights of criminal defendants, prosecutors arep rotectedfrom any liability arisingf rom these violations in all but the most exceptional cases by the defense of absolute immunity. The US. Supreme Court has justified the application ofabsolute prosecutorial immunity, in part, by noting that other means of incentivizing appropriate prosecutorial conduct …
Hitting A Home Run In Your Writing, David Spratt
Hitting A Home Run In Your Writing, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Distorted And Diminished Tort Claims For Women, Jamie Abrams
Distorted And Diminished Tort Claims For Women, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Childbirth is distinctly characterized in tort law by the literal emergence of a potential putative plaintiff. This Article seeks to position the birthing woman — distinct from the pregnant woman or the parent — squarely within the negligence framework and, in doing so, to challenge prevailing assumptions dominating obstetric medical decision-making. The existence of two patients and two putative plaintiffs is unique to childbirth, yet largely unexamined in tort. This Article examines how the dominant focus on fetal harms in modern childbirth overshadows the birthing woman in tort and distorts the normative dualities of childbirth.
While theoretically childbirth falls within …
Don’T Let Go Of The Rope: Reducing Readmissions By Recognizing Hospitals’ Fiduciary Duties To Their Discharged Patients, Thomas L. Hafemeister, Joshua Hinckley Porter
Don’T Let Go Of The Rope: Reducing Readmissions By Recognizing Hospitals’ Fiduciary Duties To Their Discharged Patients, Thomas L. Hafemeister, Joshua Hinckley Porter
American University Law Review
No abstract provided.
Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson
Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Kiobel v. Royal Dutch Petroleum (Shell), a long-running Alien Tort Statute (ATS) case brought by Nigerian plaintiffs alleging aiding and abetting liability against various multinational oil companies for human rights violations of the Nigerian government in the 1990s, including a non-US Shell corporation, first came before the US Supreme Court in the 2011-2012 term, following a sweeping Second Circuit holding that there was no "liability for corporations" under the ATS. In oral argument, however, several Justices asked a different question from corporate liability: noting that the case involved foreign plaintiffs, foreign defendants, and conduct taking place entirely on foreign sovereign …
'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley
'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Although there are now laws on the books in virtually every jurisdiction aimed at addressing childhood obesity in K-12 schools, these efforts are inadequate and may even be misguided in important ways. Efforts aimed at health promotion - through healthier eating and increased physical activity - remain woefully underfunded even as they proliferate at every level of government. It is one thing to enact a requirement that all schools offer a minimum number of minutes of physical education each week or that school lunches include more fruits and vegetables. But it is quite another to make the budgetary commitment to …
No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry
No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman
The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intent And Consent In The Tort Of Battery: Confusion And Controversy, Nancy J. Moore
Intent And Consent In The Tort Of Battery: Confusion And Controversy, Nancy J. Moore
American University Law Review
No abstract provided.
Domesticating Due Diligence: Municipal Tort Litigation's Potential To Address Failed Enforcement Of Orders Of Protection, Sarah Rogerson
Domesticating Due Diligence: Municipal Tort Litigation's Potential To Address Failed Enforcement Of Orders Of Protection, Sarah Rogerson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley
Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley
Articles in Law Reviews & Other Academic Journals
This article suggests an ethical approach for government attorneys to follow when making decisions in the special context of the Federal Tort Claims Act. It reviews the history and purpose of the FTCA, the Judgment Fund, and the Westfall Act. It examines the swirl of competing interests that arise from the structure of the FTCA, the many defenses it provides, the deep pocket it grants successful claimants, the complete immunity it grants some tortfeasors, and the methods Congress chose for paying its settlements and judgments. It touches on the ethical obligations of government attorneys. It suggests that government attorneys responsible …
Defending The Majoritarian Court, Amanda Frost
Defending The Majoritarian Court, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Patient Negligence: The Unreasonableness Of Relying On Trust, Song Richardson
Patient Negligence: The Unreasonableness Of Relying On Trust, Song Richardson
Articles in Law Reviews & Other Academic Journals
This project initiates a conversation about patient negligence and trust in the medical setting and offers a test to determine whether patient negligence should be considered in litigation. The project examines the line at which a physician’s impermissible conduct should become reasonably obvious to a patient and therefore trigger a reasonable response. Absent a reasonable response by patients, this project considers whether comparative negligence attaches. Goodwin and Richardson argue due diligence, an aspect of loyalty, is treated as a value fiduciaries owe their clients, rather than a reasonable step that clients owe themselves.
In this collaboration, the authors imagine and …
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman
Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sex, Drugs, & The Restatement (Third) Of Torts, Section 6(C): Why Comment E Is The Answer To The Woman Question , Dolly M. Trompeter
Sex, Drugs, & The Restatement (Third) Of Torts, Section 6(C): Why Comment E Is The Answer To The Woman Question , Dolly M. Trompeter
American University Law Review
No abstract provided.
Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto
Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper
Tort Reform Policy More Than State Law Dominates Section 2 Of The Third Restatement, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Point, Andrew Popper
Point, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez
Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.