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Articles 1 - 18 of 18

Full-Text Articles in Law

Treating Sexual Harassment With Respect, Anita Bernstein Dec 1997

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.


Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein Nov 1997

Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein

Faculty Scholarship

No abstract provided.


Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser Mar 1997

Public Choice Theory: A Unifying Framework For Judicial Activism, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Inside The Restatement, Aaron Twerski Jan 1997

Inside The Restatement, Aaron Twerski

Faculty Scholarship

No abstract provided.


How To Make A New Tort: Three Paradoxes, Anita Bernstein Jan 1997

How To Make A New Tort: Three Paradoxes, Anita Bernstein

Faculty Scholarship

No abstract provided.


Commentary [Symposium: Politicians On Judges: Fair Criticism Or Intimidation], Susan Herman Jan 1997

Commentary [Symposium: Politicians On Judges: Fair Criticism Or Intimidation], Susan Herman

Faculty Scholarship

No abstract provided.


Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger Jan 1997

Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger

Faculty Scholarship

No abstract provided.


Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson Jan 1997

Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik Jan 1997

What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik

Scholarly Works

No abstract provided.


Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia Jan 1997

Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia

Publications

This Article reexamines the current debate and concludes that democratic legitimacy is not a sufficient litmus test by which to ex-plain the differences among competing interpretive models nor to compare their viability. I argue that broader meta-principles, which I term "legal-system values," significantly influence current interpretive models and should be an integral focus of the statutory interpretation debate, but often are obscured by theorists' emphasis on democratic legitimacy.


First Annual Report 1997, State Of California. Department Of Financial Institutions Jan 1997

First Annual Report 1997, State Of California. Department Of Financial Institutions

California Agencies

No abstract provided.


Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey Jan 1997

Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey

Journal Articles

Modern economic analysis owes too much to the conceit of Bentham and his followers in their arrogant reliance on disembodied reason. In fact, they have "shaped the course of law reform" for large segments of the modern world; unfortunately, they "neglected all the complex social evolution which ... [went into] the making of... [that] world and individuals" in it; and for that "reason..., they considered that the study of history was a matter of minor importance." Bentham and his many followers too often tend to rely on a handful of assumptions and reason alone–coupled with a veneer of mathematics–to describe …


On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley Jan 1997

On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley

Scholarly Works

As a general rule, extrinsic evidence, whether written or oral, is not admissible to prove either the intent of the parties to a contract or the meaning of contractual terms when the parties have executed an unambiguous, fully-integrated (i.e., final and all-inclusive) written agreement. The trial court may consider various types of extrinsic evidence, however, in determining whether a particular agreement is fully integrated or ambiguous, and even in choosing among rival interpretations of an agreement where ambiguity is not present. If the trial court determines that an agreement is not fully integrated, then the trier of fact may consider …


Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine Jan 1997

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine

Scholarly Works

In recent years, a growing body of scholarship has developed in the United States that applies concepts in Jewish law to unsettled, controversial, and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …


Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley Jan 1997

Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley

Scholarly Works

Blood and tissue testing, especially DNA matching, have become important elements of both criminal and paternity or maternity litigation. Such scientific testing has become so important that it has taken on aspects that may cause it to benefit or to do harm to the judicial process or to any given case. This article focuses on the value and the dangers surrounding this interesting subject.

The 1995 Louisiana Supreme Court decision in Pace v. State reemphasized the importance of DNA testing generally and the significance of blood and tissue genetic testing used to exclude paternity. The advances in and importance of …


Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley Jan 1997

Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan Jan 1997

Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan

Faculty Scholarship

No abstract provided.


Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora Jan 1997

Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora

Faculty Scholarship

No abstract provided.