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Full-Text Articles in Law
Administrative Decisionmaking By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner
William & Mary Environmental Law and Policy Review
No abstract provided.
Political Judging: When Due Process Goes International, Montré D. Carodine
Political Judging: When Due Process Goes International, Montré D. Carodine
William & Mary Law Review
The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S. constitutional norms. This Article looks at a subset of the issue of deference to foreign law and international influences in judicial decision making: the extent to which our courts should apply American notions of due process in determining whether to recognize and enforce judgments obtained abroad. Courts reviewing foreign judgments to determine whether they areworthy of recognition have created an "international due process"analysis. …
A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz
A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz
William & Mary Law Review
Many insurance law commentators believe that judges should regulate the substance of insurance policies by refusing to enforce insurance policy terms that are exploitive or otherwise unfair. The most common guide for the judicial regulation of insurance policies is the "reasonable expectations doctrine," which requires courts to disregard coverage restrictions that are beyond insureds' reasonable expectations unless the insurer specifically informed the insured about the restriction at the time of purchase. This Article argues that although the judiciary has a potential role to play in policing insurance policy terms, that role should not be defined by reference to consumers' reasonable …