Law Commons^™

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks

Articles

The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …

A Reply, Marci A. Hamilton

Articles

It is not often that one gets such immediate (and lengthy) written responses to one's work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize some of it, and will refine other aspects in this brief reply. My only regret is that I simply cannot in the space of a reply respond to many of the interesting and worthy points raised.

Power, The Establishment Clause, And Vouchers, Marci A. Hamilton

Articles

No abstract provided.

What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel

Articles

The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.

Letters To The Editor, Lela P. Love

Articles

In Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems? [5 CLIN. L. REV. 47 (1998)], Jonathan Hyman argues that lawyers can mediate their clients' problems or transform themselves from a client's legal counselor and advocate to a neutral mediator. Professor Hyman points out that such a transformation can occur if (1) both clients give their informed consent; and (2) the lawyerturned-mediator does not offer evaluations of the case or subsequently represent either party. While Professor Hyman himself is quick to point out the many problems with this thesis, he nonetheless propounds it. I would argue that a partisan lawyer, …

The Liberal Future Of Relational Feminism: Robin West's Caring For Justice, Linda C. Mcclain

Faculty Scholarship

Robin West is one of the most prolific1 and creative members of the legal academy. Her distinctive voice, as expressed in several books and numerous scholarly articles, informs and shapes debates within such diverse areas as constitutional theory (West 1990b; West 1994), feminist jurisprudence (West 1987; West 1988), and law and literature (West 1993). Indeed, some of her early articles concerning feminist jurisprudence (West 1987, West 1988) are now "classics" in a relatively new field of inquiry and appear in virtually every anthology or textbook in the field (Bartlett and Kennedy 1991, 201; Becker, Bowman, and Torrey 1994, 90; Fineman …

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Pansexuality And The Law, Jennifer Ann Drobac

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

No abstract provided.

Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews

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

No abstract provided.

Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel

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

No abstract provided.

You Made Your Bed...Now You Are Going To Pay For It: An Analysis Of The Effects Of Virginia's Mandatory Paternal Identification In Afdc Cases Will Have On The Rights Of Unwed Fathers, Kindra L. Gromelski

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

No abstract provided.

Salt Equalizer, Vol. 1999, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Stephanie M. Wildman & Phoebe A. Haddon, Presidents' Column, at 1.

Sue Bryant, Law Professors March to Protest Clinic Restrictions on Representing the Poor, at 1.

Theresa Glennon, SALT Annual Dinner: An Evening of Recognition and Inspiration, at 4.

Joyce Saltalamachia, SALT Board Meets in New Orleans, at 5.

Robert Cover and Trina Grillo Public Interest Law Conferences Inspire Students from New Hampshire to California, at 7.

Francisco Valdes, Shaming "Solomon": Resisting the Return to the De Jure Discrimination, at 11.

Francisco Valdes, Talking Points for "Solomon II" Repeal Letters* …

Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.

Indiana Law Journal

No abstract provided.

Opening Remarks From The Salt Teaching Conference, Karen Czapanskiy

Loyola of Los Angeles Law Review

No abstract provided.

Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek

Loyola of Los Angeles Law Review

No abstract provided.

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Loyola of Los Angeles Law Review

No abstract provided.

Tasini V. New York Times: Wrong Issue, Wrong Presumption, Kia L. Freeman

Loyola of Los Angeles Law Review

No abstract provided.

The Consent Of The Governed: Recall Of United States Senators, Timothy Zick

Faculty Publications

No abstract provided.

From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson

Faculty Publications

No abstract provided.

The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff

Law and Contemporary Problems

Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.

The Liability Of Polycorporate Enterprises, Jose Engracia Antunes

Connecticut Journal of International Law

he enterprise ("Unternehmen," "entreprise," "empresa") represents a major economic,1 social,2 political,3 and even cultural institution4 of the last centuries, which performs, by definition, a risky activity. It may produce losses or even totally collapse, destroying with it the hopes of those who invested their wealth in it (owners), of those who extended it credit (creditors), and of those who sold their labour for monetary retribution (workers). It also generates a high variety of costly externalities, in private as well as in public areas: it often undertakes business ventures in manufacturing dangerous products, potentially harmful to individual consumers, or operates hazardous …

Legal Rules And Social Reform, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Product Design Liability In Orgeon And The New Restatement, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Potentially dangerous products, such as cigarettes, can be regulated through ex post liability or ex ante regulation. Both systems should reach the same result. In practice, however, cognitive biases that influence the liability system can produce incentives to take an excess of precautions. In particular, because people tend to see past events as more predictable than they really were, judges and juries will tend to find defendants who took reasonable care negligent or even reckless. As a consequence of these biases, a liability system can be more expensive than a regulatory system, both to potential defendants and to society. Cognitive …

Should Progressives Support The Constitution?, Steven H. Shiffrin

Cornell Law Faculty Publications

In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …

The Employment Contract, Ian Ayres, Stewart J. Schwab

Cornell Law Faculty Publications

This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.

When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness

Law Faculty Scholarly Articles

In his paper, Professor Phillips contends that questions about the adequacy of a product's design should be resolved by the use of a risk-utility test and that the existence of an adequate warning should merely be one factor for the jury to take into account. This is essentially the position espoused by the Restatement (Third) of Torts: Products Liability (hereinafter Third Restatement), section 2, comment l. On the other hand, Professor PhiIlips is very critical of subsections 6(c) and 6(d). These provisions establish liability for the sellers of prescription drugs and medical devices. Section 6(c), which is concerned …

From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.

Imagining Insurance Risk, Thrift And Industrial Life Insurance In Britain, Pat O'Malley

Connecticut Insurance Law Journal

No abstract provided.

Recent Case Developments, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.