Law Commons^™

Risk-Utility Balancing In Design Defect Cases, David G. Owen

University of Michigan Journal of Law Reform

Design defectiveness is generally defined in terms of a risk-utility balance, the form of liability test adopted by the Restatement (Third) of Torts: Products Liability. However, confusion abounds in how courts formulate such balancing tests. A national survey of recent appellate court decisions reveals that courts generally define the balance in terms of the product's risks and utility, a formulation which appears to call for weighing the product's global costs against the product's global benefits. So defined, the design defect test is incorrect. What appellate courts mean for juries to decide, and what juries ordinarily do in fact decide, …

Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave

Publications

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …

Truth?, Bruce A. Markell

Indiana Law Journal

No abstract provided.

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to …

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill

Washington and Lee Law Review

No abstract provided.

Maladies Of The Legal Soul: Psychoanalysis And Interpretation In Law, Peter Goodrich

Washington and Lee Law Review

No abstract provided.

Lacan And The Subject Of Law: Sexuation And Discourse In The Mapping Of Subject Positions That Give The Ur-Form Of Law, Ellie Ragland

Washington and Lee Law Review

No abstract provided.

Suspect Linkage: The Interplay Of State Taxing And Spending Measures In The Application Of Constitutional Antidiscrimination Rules, Dan T. Coenen, Walter Hellerstein

Scholarly Works

This article examines an important and recurring question that courts frequently resolve, but rarely analyze: whether taxing and spending measures should be viewed together when a state imposes a nondiscriminatory tax but also affords relief to some taxpayers through government spending. The answer to this question will often determine whether the state's actions violate constitutional strictures against discriminatory taxation. The taxing measure and the spending measure will generally pass muster if viewed in isolation. After all, courts rarely invalidate nondiscriminatory taxing measures on constitutional grounds. And true government spending measures, if considered alone, plainly fall outside the reach of constitutional …

Does Law Need An Analyst? Prospects For Lacanian Psychoanalysis In Law, Richard E. Redding

Washington and Lee Law Review

No abstract provided.

Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers

Law Faculty Articles and Essays

Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.

Postmodern Legal Movements will prove useful to those in search of …

Feminist Jurisprudence: Justice And Care, Sherrine M. Walker, Christopher D. Wall

Brigham Young University Journal of Public Law

No abstract provided.

Trading In Controversy, Neil Duxbury

Buffalo Law Review

No abstract provided.

Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith

Buffalo Law Review

No abstract provided.

The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham

Articles

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introductory Remarks From The Aba Mexican Law Committee, Ernesto De Soto

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Secured Financing Of Machinery And Equipment, Including Cross-Border Leasing And Conditional Sales Contracts, Thomas S. Heather, Martha Traudt Collins

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Basis For Proposed Legislation To Modernize Secured Financing In Mexico, Boris Kozolchyk

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Suspension Of Payments And Bankruptcy Law For Mexican Businesses, J. Labastida-Martinez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Administration Of Chapter 19 Binational Proceedings Under Nafta, James Holbein

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Practice Before U.S.-Mexico Binational Panels Under Chapter Nineteen Of Nafta: A Panel Discussion, Jimmie V. Reyna, Eduardo David Garcia, David Amerine

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Dispute Resolution And U.S.-Mexico Business Transactions, Hope H. Camp Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Nafta Chapter 19 Binational Panel Reviews In Mexico: A Marriage Of Two Distinct Legal Systems, Jimmie V. Reyna

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Enforcement Of Judgments And Arbitral Awards In Mexico, Jorge A. Vargas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

An Actual Case: Collateral Security In Automobiles Manufactured In The United States And Mexico And Held By A Dealer In Sonora, D. Michael Mandig, David Epstein

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Enforcement In A New Age: Judgments In The United States And Mexico, Matthew H. Adler

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Some Problems Involving Enforcement Of Contracts And Secured Financing: Panel Discussion Part One, Michael W. Gordon, Matthew H. Adler, Hope Camp, David Epstein, Cesar Garcia Mendez, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.