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Full-Text Articles in Law
The State Of The Judiciary: A Corporate Perspective, Larry D. Thompson, Charles J. Cooper
The State Of The Judiciary: A Corporate Perspective, Larry D. Thompson, Charles J. Cooper
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The rule of law depends on highly talented, independent judges who conscientiously strive to ensure that the law is consistently applied in a principled and predictable manner. This Essay addresses two potential threats to judicial independence and the rule of law that we believe warrant special attention at this time. First, inadequate judicial salaries pose a threat to the quality and independence of the judiciary. Judges' real pay has declined substantially over the past generation, even as the compensation of other callings within the legal profession has risen dramatically. This growing disparity in pay has prompted an increasing number of …
Restitution As A Remedy For Refugee Property Claims In The Israeli-Palestinian Conflict, Michael Kagan
Restitution As A Remedy For Refugee Property Claims In The Israeli-Palestinian Conflict, Michael Kagan
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This Article examines restitution as an autonomous human right for refugees displaced in the Israeli-Palestinian conflict, and assesses the implications of taking such a rights-based approach. The author concludes that the refugees have a strong legal claim to restitution. In international law, compensation is relevant only when restitution is materially impossible, where property has been damaged or declined in value so that restitution is not a complete remedy for the victim's loss or where a refugee chooses not to seek restitution. Current empirical research about land usage in Israel indicates that a great deal, and possibly the majority, of lost …
Beyond Compensation: Using Torts To Promote Public Health, Elizabeth Weeks Leonard
Beyond Compensation: Using Torts To Promote Public Health, Elizabeth Weeks Leonard
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Personal injury litigation, or tort law, traditionally, has been viewed as antithetical to the goals of public health. The focus on individual compensation for injuries resulting from accidents, products, and international wrongdoing arguably does not serve the "greater good" or communitarian objectives of public health. This Article, originally presented on a January 2006 AALS Panel on Teaching Public Health In Law School, takes issue with the traditional view and will demonstrate ways that personal injury litigation and public health objectives may be complimentary and mutually reinforcing. Some areas of tort law, such as mass torts against tobacco companies, toxic polluters, …