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Full-Text Articles in Law
Structural Precarity And Potential In Condominium Governance Design, Andrea Boyack
Structural Precarity And Potential In Condominium Governance Design, Andrea Boyack
Faculty Publications
In the early hours of June 24, 2021, half of Champlain Towers South Condominium, a thirteen-story multifamily building located in the Miami suburb of Surfside, collapsed without warning. The Miami Herald called the collapse “unprecedented” in that one wing “simply caved in––for no obvious reason.” The collapse killed ninety-eight people and was the deadliest multifamily building engineering failure in US history. After an arduous search and rescue and safely dismantling the rest of the structure, inquiries sought to determine why this deadly collapse happened. Who was to blame, and what could have been done differently?
Within six months of this …
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Faculty Publications
This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.