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Articles 1 - 30 of 42
Full-Text Articles in Law
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber
Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber
Faculty Scholarship
No abstract provided.
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
Faculty Scholarship
No abstract provided.
Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold
Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold
Faculty Scholarship
No abstract provided.
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger
Faculty Scholarship
No abstract provided.
What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
The Zeal Shortage, Anita Bernstein
Invisible Settlements, Invisible Discrimination, Minna J. Kotkin
Invisible Settlements, Invisible Discrimination, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
In The Trenches Of Law Librarianship - Assessing A Special Collection From Ground Zero, Stacy Etheredge
In The Trenches Of Law Librarianship - Assessing A Special Collection From Ground Zero, Stacy Etheredge
Articles
No abstract provided.
From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel
From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Nonprofit Takeovers: Regulating The Market For Mission, Dana Brakman Reiser
Nonprofit Takeovers: Regulating The Market For Mission, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein
Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron
The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron
Scholarly Works
No abstract provided.
In Memoriam: Deborah Hecht, Jeffrey B. Morris
To Err Is Human, Keith A. Rowley
To Err Is Human, Keith A. Rowley
Scholarly Works
This essay reviews Allan Farnsworth's final book, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions (Oxford U. Press 2004). There are many kinds of mistakes. One kind - a rational, well-intended decision or act that results in unanticipated, negative consequences - was the principal subject of Allan Farnsworth's previous foray into the realm of contractual angst: Changing Your Mind: The Law of Regretted Decisions (Yale U. Press 1998). Another kind - the subject of this book - is a mistake caused by an inaccurate, incomplete, or incompetent mental state at the time of an act or decision that results in …
Celebrating Life And Taxes, Francine J. Lipman
Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain
Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain
Faculty Scholarship
No abstract provided.
The Federal Definition Of Tax Partnership, Bradley T. Borden
The Federal Definition Of Tax Partnership, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine
Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine
Scholarly Works
In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …
The Usa Patriot Act And The Submajoritarian Fourth Amendment, Susan Herman
The Usa Patriot Act And The Submajoritarian Fourth Amendment, Susan Herman
Faculty Scholarship
No abstract provided.
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Faculty Publications
No abstract provided.
2006 California Five-Year Infrastructure Plan, Office Of The Governor
2006 California Five-Year Infrastructure Plan, Office Of The Governor
California Agencies
No abstract provided.
Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers
Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers
All Faculty Scholarship
This Article focuses on why information markets have covered certain subject areas, sometimes of minor importance, while neglecting other subject areas of greater significance. To put it another way, why do information markets exist to predict the outcome of the papal conclave and the Michael Jackson trial, but no information markets exist to predict government policy conclusions, Supreme Court decisions, or the rulings in Delaware corporate law cases? Arguably, from either a dollar value or a social utility perspective, these areas of law and business would be more important than the outcome of, say, the Jackson trial. Why, then, do …
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Scholarly Works
Of the various movements that have surfaced in American legal theory in recent decades, law and economics has emerged as perhaps the most influential, leading some to characterize it as the dominant contemporary mode of analysis among American legal scholars. In this essay, Levine considers law and economics in the context of a comparative discussion of another prominent intellectual legal movement, the Brisker method of Talmudic analysis, which originated in Eastern Europe in the late nineteenth century and quickly developed into a leading method of theoretical study of Jewish law. The Brisker method takes its name from the city of …
An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine
An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine
Scholarly Works
In recent years, American courts and legal scholars have increasingly turned to Jewish legal tradition for insights into various issues confronting the American legal system. Jewish law has provided an alternative model and, at times, a contrast case that some have found particularly helpful in illuminating complex, controversial, and unsettled areas of American law. In light of these developments, this Essay aims to consider the efficacy of drawing on Jewish law to facilitate a more thoughtful analysis of issues in American law, with a specific focus on the issue of self-incrimination. The Essay begins with a brief discussion of the …
A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine
A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine
Scholarly Works
Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …
Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan
Frontier Justice: Legal Aid And Unhcr Refugee Status Determination In Egypt, Michael Kagan
Scholarly Works
Where UNHCR conducts refugee status determination (RSD), its reactions to legal aid for asylum-seekers have been mixed. Statistical evidence collected from Egypt in 2002 indicates a correlation between receiving some form of legal aid service and an asylum-seeker's increased chances of gaining refugee protection from UNHCR. Unconventional forms of legal aid, including limited services by supervised non-lawyers (including volunteers from the refugee community) showed a positive impact on first instance cases, while traditional legal aid models showed an impact at the appeal stage. Legal aid should form an essential part of UNHCR's RSD procedures, and NGOs should work to expand …
The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan
The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan
Scholarly Works
The number of individual Refugee Status Determination (RSD) applications received by United Nations High Commissioner for Refugees (UNHCR) offices worldwide nearly doubled from 1997 to 2001, while UNHCR’s RSD operations have been criticized for failing to implement basic standards of procedural fairness. Yet, although there is some literature critiquing how UNHCR determines refugee status, there is little literature examining whether UNHCR should do so, and if it should, when, where, and under what conditions.
UNHCR performance of RSD poses protection challenges because it is founded on a basic contradiction. On the one hand, government action is essential for effective refugee …