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Toward A Third Approach: Modifying The Corrective Justice Model, Wendy J. Gordon
Toward A Third Approach: Modifying The Corrective Justice Model, Wendy J. Gordon
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The conception of the judicial role described in the second model is, of course, no more than a partial account of what some judges may do sometimes. A third way to approach "reap/sow" draws on a broader conception that whatever the role played by community norms, judges also aim to achieve a result that is consistent both with their own sense of justice and with precedent. As for precedent, perhaps the frequent references to "unjust enrichment" in intellectual property cases should be taken seriously. Perhaps the courts are analogizing to that area of law most directly concerned with imposing liability …
Toward A Jurisprudence Of Benefits - Aals Tape #54 - 1991, Wendy J. Gordon
Toward A Jurisprudence Of Benefits - Aals Tape #54 - 1991, Wendy J. Gordon
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No abstract provided.