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Full-Text Articles in Law
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Faculty Articles
The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …
The Court Of Appeals For The Fifth Circuit: A Review Of 2007-2008 Insurance Decisions, Willy E. Rice
The Court Of Appeals For The Fifth Circuit: A Review Of 2007-2008 Insurance Decisions, Willy E. Rice
Faculty Articles
The Fifth Circuit Court of Appeals decided a considerable number of insurance-related controversies between June 2007 and May 2008. Arguably, the most important, comprehensive decisions are discussed-nineteen insurance cases that originate in just five federal district courts. Generally, the Fifth Circuit decided familiar questions of law and fact. More specifically, the following types of procedural and substantive conflicts appear in the nineteen insurance decisions: (1) one case involving the constitutionality of a Texas insurance statute; (2) two federal preemption and removal controversies involving the Employee Retirement Income Security Act (“ERISA”); (3) two disagreements requiring the court of appeals to make …
The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú
The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú
Faculty Articles
To date, no jurisdiction has adopted the useful life defense as part of its common law. Perhaps the time has come to reconsider this position and accept the logical consequences of such a defensive concept. At some point, natural deterioration, rather than a defect in design, manufacturing, or marketing, is the cause of a plaintiff’s injury. Combining the useful life defense with the reasonable expectation theory removes the burden of uniformly determining when a given product is legally dead. The reasonable expectations doctrine places the responsibility for determining the useful life of a product where it belongs—in the hands of …