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Articles 1 - 30 of 73
Full-Text Articles in Law
The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright
The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright
Richard W. Wright
No abstract provided.
A Theory Of Loss Allocation For Consumer Payments, Robert D. Cooter, Edward L. Rubin
A Theory Of Loss Allocation For Consumer Payments, Robert D. Cooter, Edward L. Rubin
Robert Cooter
Current legislation allocating losses in the payment system embodies several different approaches. The payment system needs general rules to guide legislation and an analytic framework to develop those rules. Professors Cooter and Rubin use economic analysis to identify three general principles of economic efficiency: loss spreading, loss reduction, and loss imposition. Applying these principles, they develop general rules for allocating payment losses between consumers and financial institutions. The authors apply these rules to fraud, forgery, and error losses that can occur when a consumer uses a payment instrument. They conclude that when an invalid instrument is paid, the consumer should …
Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette
Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
The Wrongs Of Legal Writing, John C. Dernbach
1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon
1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon
Thomas D. Lyon
Mandatory Disclosure Theory And Management Projections: A Law And Economics Perspective, Roger J. Dennis
Mandatory Disclosure Theory And Management Projections: A Law And Economics Perspective, Roger J. Dennis
Roger J. Dennis
No abstract provided.
This Little Piggy Went To Market: The Regulation Of Risk Arbitrage After Boesky, Roger J. Dennis
This Little Piggy Went To Market: The Regulation Of Risk Arbitrage After Boesky, Roger J. Dennis
Roger J. Dennis
No abstract provided.
Justice At The Confluence Of Law And Economics, Robert D. Cooter
Justice At The Confluence Of Law And Economics, Robert D. Cooter
Robert Cooter
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
Juliet P Kostritsky
This article demonstrates that apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.
Resolving Superfund Disputes Using Mediation, R. Konkel
Resolving Superfund Disputes Using Mediation, R. Konkel
Steve Konkel
Superfund clean-up disputes are difficult to resolve because they involve multiple issues in addition to multiple parties. Environmental Protection Agency (EPA) and waste generator negotiators often disagree about how to interpret technical or scientific information. Examples of difficult issues include company shares of the clean-up cost, potential threat to groundwater, and what environmental standards apply to clean-up; "how clean is clean" is not at all well understood. Industry typically focueses on fairness of the allocation of cost and liability and the cost and responsibility for clean-up.
Privatizing Corrections: Defining The Issues, Ira P. Robbins
Privatizing Corrections: Defining The Issues, Ira P. Robbins
Ira P. Robbins
No abstract provided.
Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins
Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins
Ira P. Robbins
No abstract provided.
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
Joan E. Steinman
No abstract provided.
One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock
One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock
Dan Tarlock
No abstract provided.
The Changing Meaning Of Water Conservation In The West, A. Dan Tarlock
The Changing Meaning Of Water Conservation In The West, A. Dan Tarlock
Dan Tarlock
No abstract provided.
Protection Of Water Flows For National Parks, A. Dan Tarlock
Protection Of Water Flows For National Parks, A. Dan Tarlock
Dan Tarlock
No abstract provided.
Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette
Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette
Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Symposium: State Sponsored International Terrorism (Panel Discussion), Alberto R. Coll
Symposium: State Sponsored International Terrorism (Panel Discussion), Alberto R. Coll
Alberto Coll
No abstract provided.
Risk Management In The United States: Three Case Studies Dioxin Emissions And Trash-To-Energy Plants In New York City, R. Steven Konkel
Risk Management In The United States: Three Case Studies Dioxin Emissions And Trash-To-Energy Plants In New York City, R. Steven Konkel
Steve Konkel
New York City, the largest US municipality with a population of 12 million, presently generates 28,000 tons of garbage per day. Its main disposal facility Fresh Kills-is expected to be the only one of four presently operating landfills still in in use in 1987, and to be filled to capacity be 2001. Institutional, economic, and environmental obstacles severely restrict landfill options within the city, and ocean disposal of municipal solid waste is not considered feasible. In short, continued reliance on landfills to absorb the City's enormous volume of municpal waste is no longer considered viable.
Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt
Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt
Henry H. Perritt, Jr.
No abstract provided.
Wrongful Dismissal Legislation, Henry H. Perritt
Wrongful Dismissal Legislation, Henry H. Perritt
Henry H. Perritt, Jr.
No abstract provided.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt
Henry H. Perritt, Jr.
No abstract provided.
Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel
Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel
Mark Spiegel
In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint …
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
Nancy S. Marder
No abstract provided.
Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod
Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Federal Deposit Ins. Corp. V. Jennings, 816 F.2d 1488 (10th Cir. 1987)., J. William Conger
Federal Deposit Ins. Corp. V. Jennings, 816 F.2d 1488 (10th Cir. 1987)., J. William Conger
J. William Conger
No abstract provided.
Evaluating Legislation: Regulation Of Pre-Employment Inquires, Ann H. Britton
Evaluating Legislation: Regulation Of Pre-Employment Inquires, Ann H. Britton
Ann H. Britton
No abstract provided.
Sporting Theory Of Justice: Taming Adversary Zeal With Logical Sanctions Doctrine, Judith Maute
Sporting Theory Of Justice: Taming Adversary Zeal With Logical Sanctions Doctrine, Judith Maute
Judith L. Maute
No abstract provided.
La Buena Fe En La Concurrencia Sobre Bienes Inmuebles, Gastón Fernández Cruz
La Buena Fe En La Concurrencia Sobre Bienes Inmuebles, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.