Law Commons^™

Removing Statistical Discrimination In Personal Injury And Wrongful Death Compensation In Rhode Island, Natalie Deangelis, Colleen P. Murphy

Roger Williams University Law Review

No abstract provided.

A New Deal For A Right To Work: Confronting Racism And Inequality In The U.S., James A. Gross

The Scholar: St. Mary's Law Review on Race and Social Justice

Whites have always controlled the country’s major economic and political institutions at all levels. Starting with slavery, the enduring and pervasive dogmas of White superiority and Black inferiority, once openly asserted as “keeping Negroes in their place,” were also used to restrict Black men and women to subordinate “negro jobs.” The vast riches of the United States “were available to all who had the enterprise to take them and the good fortune to be White.”

This denial of the right to work in freely chosen endeavors continues to have immense consequences for Black men, women, and children in every aspect …

David, Michael D. Green

Roger Williams University Law Review

No abstract provided.

A Commercial Law For Software Contracting, Michael L. Rustad, Elif Kavusturan

Washington and Lee Law Review

Since the 1980s, software is at the core of most modern organizations, most products and most services. Part II of this Article examines how the U.C.C. evolved as the primary source of law for the first generation of computer contracts during the mainframe computer era. Part III examines how courts have overextended U.C.C. Article 2, as the main source of law for software licensing, to the limits. Part IV argues that the ALI and the NCCUSL should propose a new Article 2B for software licensing. Part V recommends a new Article 2C for “software as a service.”

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.

The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney

Touro Law Review

No abstract provided.

Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau

Pepperdine Law Review

No abstract provided.

The Changing Market For Criminal Law Casebooks, Jens David Ohlin

Michigan Law Review

Criminal law is a nasty business. The field takes as its point of departure the indignities that human beings visit upon each other—each one worse than the one before. A book or article about criminal law often reads like a parade of horribles, an indictment of humanity’s descent into moral weakness. For those who teach criminal law, everything else pales in comparison. Neither the business disputes of contract law nor the physical injuries described in a torts casebook can compare with the depravity of what we teach in criminal law. Criminal law professors are often addicted to their subject. Nothing …

Installation Failure: How The Predominant Purpose Test Has Perpetuated Software’S Uncertain Legal Status Under The Uniform Commercial Code, Spencer Gottlieb

Michigan Law Review

Courts have struggled to uniformly classify software as a good or a service and have consequently failed to apply a consistent body of law in that domain. Instead, courts have relied on the predominant purpose test to determine whether the Uniform Commercial Code (“UCC”) or common law should apply to a given software contract. This test, designed for traditional goods and services that do not share software’s complexity or rapid advancement, has perpetuated the uncertainty surrounding software’s legal status. This Note proposes that courts adopt the substantial software test as an alternative to the predominant purpose test. Under this proposal, …

Fred Bosselman And The Taking Issue, David L. Callies

Touro Law Review

No abstract provided.

Faculty News

Sooner Lawyer Archive

No abstract provided.

Corporate Governance: Some Unasked Questions A Personal Commentary, Henry Lesser

Pepperdine Law Review

No abstract provided.

Restoring Restitution To The Canon, Douglas Laycock

Michigan Law Review

The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with every …

Families Now: What We Don't Know Is Hurting Us, Judith T. Younger

Hofstra Law Review

No abstract provided.

Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson

Hofstra Law Review

No abstract provided.

A Consumer Warning For The Restatement Of Employment Law: Read Carefully Before Applying, Matthew W. Finkin

Louisiana Law Review

No abstract provided.

Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman

Washington and Lee Law Review

No abstract provided.

Restating Restitution: A Case Of Contemporary Common Law Conceptualism, Chaim Saiman

Villanova Law Review

No abstract provided.

Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin

Hofstra Labor & Employment Law Journal

The third draft of parts three and four of the proposed Restatement of Employment Law was circulated in April, 2006. The draft was prefaced by a statement of the Executive Director of the American Law Institute explaining the project's purpose: to simplify the law, to clarify the doctrine underpinning it, and to bring the law into line with evolving economic and social developments. This essay takes a hard look at these two parts - governing contractual job security and discharge for reasons violative of public policy - from the perspective of these desiderata. It argues that the rules set out …

Proximate Cause And The American Law Institute: The False Choice Between The "Direct-Consequences" Test And The "Risk Standard", Michael L. Wells

University of Richmond Law Review

No abstract provided.

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …

Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch

University of Richmond Law Review

These are exciting times for commercial lawyers. Over the past fifteen years, the sponsoring organizations of the Uniform Commercial Code (UCC or the Code), the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), have been hard at work to keep the UCC responsive to contemporary needs. Aside from periodic adjustments to existing UCC articles that reflect societal changes, two new articles have been added to cover commercial activity previously governed by the common law of contract. In 1998, the ALI and NCCUSL gave their approval to the final text of the newest version …

One Size Does Not Fit All: The Third Multi-Track Restatement Of Conflict Of Laws, Aaron D. Twerski

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?

Restating Conflicts Again: A Cure For Schizophrenia?, Courtland H. Peterson

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?

A Different Challenge For The Ali: Herein Of Foreign Country Judgments, An International Treaty, And An American Statute, Linda J. Silberman, Andreas F. Lowenfeld

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?

E-Business, E-Commerce & The Law, John F. Rudin

Richmond Journal of Law & Technology

Advocates argue that UCITA (Uniform Computer Information Transactions Act) provides rules of the road for the technology highway much like the Uniform Commercial Code (UCC) has done with our commerce system for several decades. However, the UCC provides a level playing field where businesses and customers are aware of the rules prior to conducting business. Among its many shortcomings, UCITA lacks the notice and disclosure features of the UCC. A simple double click of a mouse with the cursor on an icon that reads "I accept" binds the customer to a contract that has not been reviewed prior to purchase. …

The Digital Signature: Your Identity By The Numbers, W. Everett Lupton

Richmond Journal of Law & Technology

Electronic commerce is the future of business. Today electronic commerce is a $3.6 billion industry. Thousands of businesses use the Internet to buy and sell their wares. As individuals and businesses increasingly use the Internet for commerce, contracts are moving online too. Because electronic commerce is conducted online, it is infeasible to make contracts through the traditional paper method. An electronic contract can be sent halfway across the world in seconds; whereas the same contract on paper would take days or weeks.

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.

Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan Steinman

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.