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Articles 1 - 8 of 8
Full-Text Articles in Law
Reversing The Decriminalization Of Sexual Violence, Lisa Avalos
Reversing The Decriminalization Of Sexual Violence, Lisa Avalos
Journal Articles
Sexual violence has largely been decriminalized in the United States through disbelief of victims, apathy on the part of law enforcement officers, and inaction on the part of institutions. Indeed, these mechanisms are so effective at burying the problem that most people are not aware of the extent of unprosecuted sexual violence, the woefully deficient law enforcement response, and the need for sweeping reform. The Article proceeds in two parts. Part I maps the extent of this problem and argues that the weakest link in the societal response to sexual assault lies at the juncture between victim and law enforcement. …
Let The Jury Decide! A Plea For The Proper Allocation Of Decision-Making Authority In Louisiana Negligence Cases, Thomas C. Galligan Jr.
Let The Jury Decide! A Plea For The Proper Allocation Of Decision-Making Authority In Louisiana Negligence Cases, Thomas C. Galligan Jr.
Journal Articles
No abstract provided.
Describing Law, Raff Donelson
Describing Law, Raff Donelson
Journal Articles
Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law's nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can see them as practical claims about how we should view law or order our society (pragmatism). This paper argues …
Delaware As Deal Arbiter, Christina M. Sautter
Delaware As Deal Arbiter, Christina M. Sautter
Journal Articles
Most would agree that the Delaware courts are the leading jurists in the resolution of corporate conflicts, particularly in the Mergers & Acquisitions (M&A) context. Arguably a greater role that Delaware plays is that of a norm setter, both with respect to the expectations of management conduct in the M&A process and with respect to deal terms, particularly deal protection devices. Like in any relationship, there is a "give and take" between practitioners and Delaware. That is, practitioners are "on the front lines," often innovating with respect to new deal structures and deal terms. After some time, Delaware has the …
"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett
"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett
Journal Articles
An at will prerogative without limits could be suffered only in an anarchy, and there not for long--it certainly cannot be suffered in a society such as ours without weakening the bond of counter balancing rights and obligations that holds such societies together. Thus, while there may be a right to terminate a contract at will for no reason, or for an arbitrary or irrational reason, there can be no right to terminate such a contract for an unlawful reason or purpose that contravenes public policy. A different interpretation would encourage and sanction lawlessness, which law by its very nature …
Decommissioning Of Offshore Oil And Gas Facilities In The United States, Keith B. Hall
Decommissioning Of Offshore Oil And Gas Facilities In The United States, Keith B. Hall
Journal Articles
No abstract provided.
Transaction Cost Economics & Maes: The Dealmaker's Crystal Ball, Christina M. Sautter
Transaction Cost Economics & Maes: The Dealmaker's Crystal Ball, Christina M. Sautter
Journal Articles
No abstract provided.
A Historical Review Of The State Police Powers And Their Relevance To The Covid-19 Pandemic Of 2020, Edward P. Richards
A Historical Review Of The State Police Powers And Their Relevance To The Covid-19 Pandemic Of 2020, Edward P. Richards
Journal Articles
No abstract provided.