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Articles 1 - 14 of 14
Full-Text Articles in Law
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Faculty Publications
No abstract provided.
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Of God And Caesar: The Free Exercise Rights Of Public School Students, George W. Dent
Faculty Publications
No abstract provided.
Chain Of Custody, Paul C. Giannelli
Interpreting U.N. Sanctions: The Rulings And Role Of The Yugoslavia Sanctions Committee, Michael P. Scharf, Joshua L. Dorosin
Interpreting U.N. Sanctions: The Rulings And Role Of The Yugoslavia Sanctions Committee, Michael P. Scharf, Joshua L. Dorosin
Faculty Publications
Part I of this article provides, for the first time, a systematic analysis of over one hundred key rulings of the UN Yugoslavia Sanctions Committee, grouping them into categories for easy reference.7 It is hoped that this digest of important Sanctions Committee rulings will aid the members of the Sanctions Committee in identifying and following precedent, aid governments in implementing the sanctions, and assist businesses (and their lawyers) in operating under them.' This Article does not, however, purport to be a comprehensive survey of all of the Sanctions Committee's cases, or even all of its important cases. Indeed, one of …
Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky
Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky
Faculty Publications
Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.
Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky
Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky
Faculty Publications
A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …
Battered Woman Syndrome, Paul C. Giannelli
Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin
Symposium On Religion And The Public Schools After Lee V. Weisman- Introduction, Jonathan L. Entin
Faculty Publications
Introduction to the Symposium: Religion and the Public Schools after Lee v. Weisman. Cleveland, Ohio, 1993
“Junk Science”: The Criminal Cases, Paul C. Giannelli
“Junk Science”: The Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
The Patient-Physician Relationship In An Era Of Scarce Resources: Is There A Duty To Treat?, Maxwell J. Mehlman
Faculty Publications
This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.
The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin
The Confirmation Process And The Quality Of Political Debate, Jonathan L. Entin
Faculty Publications
This Article examines the seeming contradiction between the rise of the ideological model and the increasing public revulsion against the degrading spectacle that the confirmation process all too often has become. The principal problem with recent confirmation debates has been the exaggeration of the stakes of argument. Participants have focused so single-mindedly on winning the immediate battle that they have lost sight of the limited impact that any individual justice can have on American law and society. I suggest that the kind of political discourse which can promote effective government has both normative and empirical components. The normative aspect involves …
The Constitutional Right To Defense Experts, Paul C. Giannelli
The Constitutional Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Innumeracy And Jurisprudence: The Surprising Difficulty Of Counting Petition Signatures, Jonathan L. Entin
Innumeracy And Jurisprudence: The Surprising Difficulty Of Counting Petition Signatures, Jonathan L. Entin
Faculty Publications
No abstract provided.
Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin
Defensible Fees, State Action, And The Legacy Of Massive Resistance, Jonathan L. Entin
Faculty Publications
The Supreme Court of Virginia recently upheld the validity of a whites-only provision in an educational trust. The decision in Hermitage Methodist Homes of Virginia, Inc. v. Dominion Trust Co., would be noteworthy for that reason alone. It is important for three other reasons, however. First, this was not an ordinary property dispute; it arose directly from Brown v. Board of Education. The restriction at issue applied to a segregation academy in Prince Edward County, the most recalcitrant of the defendants in Brown. The academy was established to provide private education for whites when the county closed its public schools …