Law Commons^™

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

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No abstract provided.

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

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This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

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The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …

A Field Of Dreams Needs A History, Kenneth Lasson

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No abstract provided.

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

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Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …

A Family Court For Maryland: The Time Has Come, Barbara A. Babb

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No abstract provided.

The Actual Validity Of Law, Mortimer N.S. Sellers

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When, and in what sense, are laws ever "valid"? I shall argue that the validity of a law always depends on the law's moral justification. To see why, one must first disentangle three senses of the word "valid." I will distinguish "actual validity" from "legal validity," and use "valid" (without an adjective) only of the former-those laws one actually ought to obey. "Legally valid" laws are laws a particular legal system claims we ought to obey, and "morally valid" laws are laws one could morally justify making legally valid.

The distinction between moral, legal and actual validity explains two well-known …

Republican Authority, Mortimer N.S. Sellers

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No abstract provided.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

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Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …