Law Commons^™

Pierre Schlag's "The Problem Of The Subject": Law's Need For An Analyst, David Caudill

David S Caudill

No abstract provided.

Sympathy For The Devil?: Reflections On The Crime-Fraud Exception To Client Confidentiality, David Caudill

David S Caudill

No abstract provided.

The Supreme Court's Literalism And The Definition Of "Security" In The State Courts, Douglas M. Branson, Karl Shumpei Okamoto

Karl Okamoto

No abstract provided.

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Bruce Ledewitz

No abstract provided.

The Overlooked Middle, Thomas Kohler

Thomas C. Kohler

In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.

The author posits, therefore, that there is a pronounced tendency to overlook …

The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette

Daniel R. Coquillette

Also appears in Miscellanea Domenico Maffei Dicato Historia Ius Studium, vol. 4, 523-550. Goldbach, Germany: Keip Verlag, 1995.

In Praise Of Little Platoons, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Law And The Chicken: An Eggs-Agerated Curriculum Proposal, Roger Abrams

Roger I. Abrams

In this tongue-in-cheek article, Dean Abrams offers his proposal for a new law school course that would allow every member of a faculty to teach one class in his or her own field. The unifying theme of the course would be that every case discussed must deal in some way with chicken. Dean Abrams would teach the Labor Law case involving the unionization of chicken farmers under the Labor Act. Others would teach criminal cases involving chickens or securities case where the accused party is Chicken Delight. A famous Supreme Court case under the Takings Clause that involved low-flying aircraft …

The Incremental Harm Doctrine: Is There Life After Masson?, Erin Daly

Erin Daly

A defamation is a statement that "tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him." Harm to reputation is the linchpin of American libel law. The incremental harm doctrine applies in libel litigation where the challenged statement causes no significant damage to the plaintiff's reputation beyond the harm caused by the remainder of the publication. If the defendant can show that the publication would have had exactly the same effect on the plaintiff's reputation had the challenged portion been excised, …

Horizontal And Vertical Equity: The Musgrave/Kaplow Exchange, James R. Repetti, Paul R. Mcdaniel

James R. Repetti

Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean M. Eggen

Jean M. Eggen

This article discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxic substances in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation laws and the common law of torts. This article reviews the problems inherent in both the workers' compensation and torts systems in handling occupational diseases claims. It proposes some specific reforms to improve the availability of these relief mechanisms for toxic …