Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (16)
- Arts and Humanities (11)
- Sociology (10)
- Law and Society (9)
- Ethics and Political Philosophy (8)
-
- Philosophy (8)
- Criminal Law (6)
- Jurisprudence (6)
- Law and Economics (6)
- Law and Gender (6)
- Medicine and Health Sciences (6)
- Civil Rights and Discrimination (5)
- Economics (5)
- Family Law (5)
- Legal History (5)
- Public Affairs, Public Policy and Public Administration (5)
- Bioethics and Medical Ethics (4)
- Feminist, Gender, and Sexuality Studies (4)
- Gender and Sexuality (4)
- Legal Studies (4)
- Race and Ethnicity (4)
- Social Control, Law, Crime, and Deviance (4)
- Business (3)
- Civil Procedure (3)
- Constitutional Law (3)
- Family, Life Course, and Society (3)
- Inequality and Stratification (3)
- Legal Theory (3)
- Philosophy of Mind (3)
- Keyword
-
- Civil Procedure (2)
- Practice and Procedure (2)
- Civil liability (1)
- Commerce (1)
- Constitutional law (1)
-
- Criminal Law and Procedure (1)
- Criminal code (1)
- Criminal liability (1)
- Desert (1)
- Dispute Resolution (1)
- Entire Controversy Doctrine (1)
- Federal power (1)
- Insurance Law (1)
- Jurisdiction (1)
- Kagan (1)
- Law and Economics (1)
- Legal Philosophy (1)
- Liability Insurance (1)
- Litigation (1)
- Moral and Political Philosophy (1)
- Originalism (1)
- Punishment theory (1)
- Risk (1)
- Torts (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
A Primer On Prejudgment Interest, Michael S. Knoll
A Primer On Prejudgment Interest, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax
Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax
Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts
Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax
The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Biology, Justice, And Women's Fate, Dorothy E. Roberts
Biology, Justice, And Women's Fate, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Race And The New Reproduction, Dorothy E. Roberts
Race And The New Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
All Faculty Scholarship
The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?
On The Genealogy Of Moral Hazard, Tom Baker
On The Genealogy Of Moral Hazard, Tom Baker
All Faculty Scholarship
No abstract provided.
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
All Faculty Scholarship
A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will result in criminal liability and, if so, the grade or degree of liability. In serving the first function, the code addresses all members of the public. In performing the second function, it addresses lawyers, judges, jurors, and others who play a role in the adjudication process. In part because of these different audiences, the two functions call for different kinds of documents. …
A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts
A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Principled Silence, Tobias Barrington Wolff
Principled Silence, Tobias Barrington Wolff
All Faculty Scholarship
No abstract provided.
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
All Faculty Scholarship
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to …
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Brain And Blame, Stephen J. Morse
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp
Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp
All Faculty Scholarship
The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional power over …
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.