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Full-Text Articles in Law

Statutory Interpretation In Econotopia, Nathan B. Oman Oct 2004

Statutory Interpretation In Econotopia, Nathan B. Oman

Faculty Publications

Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …


Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer Oct 2004

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …


The Majoritarian Rehnquist Court?, Neal Devins Jul 2004

The Majoritarian Rehnquist Court?, Neal Devins

Faculty Publications

No abstract provided.


Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer Apr 2004

Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer

Popular Media

No abstract provided.


The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century, Fredric I. Lederer Jan 2004

The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century, Fredric I. Lederer

Popular Media

No abstract provided.


The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg Jan 2004

The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg

Faculty Publications

No abstract provided.