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Articles 1 - 4 of 4
Full-Text Articles in Law
Can This Culture Be Saved? Another Affirmative Action Baby Reflects On Religious Freedom (Review Of The Culture Of Disbelief, How American Law And Politics Trivialize Religious Devotion, By Stephen L. Carter), W. Burlette Carter
GW Law Faculty Publications & Other Works
In a critical review of Professor Stephen Carter’s The Culture of Disbelief, this article contends Stephen Carter’s thesis that religion is disrespected in the U.S. lacks support and is inherently defective as a starting point from which to fashion a workable theory of freedom to engage in public religion. It argues that Stephen Carter himself fails to adequately consider minority group religious freedom rights and, thus, trivializes the very religious concerns that he set out to highlight. The article is split into four parts. In Part I, the article gives a basic outline of the trivialization theory. Part II …
Consumer Bankruptcy Fraud And The Reliance On Advice Of Counsel Argument, Gregory E. Maggs
Consumer Bankruptcy Fraud And The Reliance On Advice Of Counsel Argument, Gregory E. Maggs
GW Law Faculty Publications & Other Works
Despite considerable litigation on the subject, there is little agreement as to whether courts must accept a "reliance argument" in bankruptcy fraud cases. This Article seeks to clarify the existing law and recommend changes to the governing statutes. The first three Parts of the Article serve a descriptive function. Part I provides an overview of consumer bankruptcy fraud and describes how debtors perpetrate fraud and how attorneys may be assisting them. It also explains how the Bankruptcy Code and the Federal Criminal Code currently seek to deter fraud and to punish debtors who commit it.
Hermeneutics And Contract Default Rules: An Essay On Lieber And Corbin, Lawrence A. Cunningham
Hermeneutics And Contract Default Rules: An Essay On Lieber And Corbin, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
The most provocative debate in contemporary contract law scholarship concerns default rule analysis or the manner in which courts fill gaps in incomplete contracts. The nineteenth-century scholar Francis Lieber elaborated a comprehensive solution to the default rules puzzle by first distinguishing the judicial acts of contract interpretation and construction, and then by developing principles of construction with which to choose default rules. Arthur Corbin knew about Lieber's enterprise, but, in his treatise on contracts, dismissed Lieber's distinction and never explored the rest of Lieber's hermeneutics. Had Corbin addressed Lieber, much of the professorial energy expended in the prevailing default rules …
Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham
Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
This article critically evaluates the major judicial opinions on the law of contracts written by Judges Benjamin N. Cardozo and Richard A. Posner. Respectively, these judges are the first and third most influential judges on the subject measured by the frequency with which contemporary contracts casebooks reproduce their opinions. Exploring dozens of classic opinions of these judicial titans, the piece contrasts the philosophies and methods the two judges employ in wrestling with many fundamental challenges in contract law, from formation to performance to damages. The inquiry suggests that, using Isaiah Berlin's nomenclature, Judge Cardozo is the fox of American contract …