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Full-Text Articles in Law
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
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Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
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No abstract provided.
Constitutional Decision Rules For Juries, Catherine T. Struve
Constitutional Decision Rules For Juries, Catherine T. Struve
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Recent scholarship on constitutional decision rules distinguishes courts from other constitutional decision makers, but has not explored distinctions - within the judicial institution - between judges and juries. Correlatively, social science literature on jury comprehension has proposed methods for improving jury instructions, but that literature has not considered in any detail the doctrinal complexities of constitutional law. This Article, drawing upon both fields, presents an agenda for crafting constitutional decision rules specifically for juries. Implementing this agenda will enhance the adjudication of constitutional tort claims, and could also render constitutional doctrine more accessible to non-lawyers.