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Articles 1 - 30 of 30
Full-Text Articles in Law
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman
Charles H. Baron
In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
University of Arkansas at Little Rock Law Review
No abstract provided.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
University of Arkansas at Little Rock Law Review
No abstract provided.
Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson
Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …
Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.
Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein
Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein
Faculty Scholarship
No abstract provided.
The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo
The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo
The Journal of Appellate Practice and Process
Federal district court judges have several mechanisms for controlling civil jury functions. One mechanism is the entry of judgment as a matter of law. Federal appellate courts are able to reverse and direct entry of judgment as a matter of law. This article examines the appropriateness of such authority.
International Pressure To Harmonize: The U.S. Civil Justice System In An Era Of Global Trade, Renee Lettow Lerner
International Pressure To Harmonize: The U.S. Civil Justice System In An Era Of Global Trade, Renee Lettow Lerner
BYU Law Review
No abstract provided.
Conjunction And Aggregation, Saul Levmore
Conjunction And Aggregation, Saul Levmore
Michigan Law Review
This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …
Breaking On Through To The Other Side: Understanding Continental European Corporate Governance, Ángel Oquendo
Breaking On Through To The Other Side: Understanding Continental European Corporate Governance, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Mecanismo De Regulación Aplicado Al Servicio Urbano De Abastecimiento De Agua, Max Garcia
Mecanismo De Regulación Aplicado Al Servicio Urbano De Abastecimiento De Agua, Max Garcia
Max Garcia Sanchez
No abstract provided.
La Libertad Como La Propiedad Personal De Hacer Lo Que Uno Quiere, Jorge Carlos Adame
La Libertad Como La Propiedad Personal De Hacer Lo Que Uno Quiere, Jorge Carlos Adame
Jorge Adame Goddard
No abstract provided.
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Romantic Common Law, Enlightened Civil Law: Legal Uniformity And The Homogenization Of The European Union, Vivian Grosswald Curran
Articles
The main thrust of this article is to suggest how legal uniformity may result in the European Union despite its Member States' encompassing the two highly distinct legal traditions of the common law and the civil law. My theory is that the defining characteristics of the civil-law legal culture, although in stark and profound contrast with those of the common-law legal system, nevertheless appear prominently and pervasively in the non-legal spheres of common-law nations; and vice versa, such that common-law legal characteristics correspond closely to elements often excluded from civil-law legal cultures, but which are included in the non-legal domains …
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert
Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert
Faculty Publications
No abstract provided.
The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi
The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …
The Evolution Of Codification In The Civil Law Legal Systems: Towards Decodification And Recodification, Maria Luisa Murillo
The Evolution Of Codification In The Civil Law Legal Systems: Towards Decodification And Recodification, Maria Luisa Murillo
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Journal Articles
The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …
Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower
Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower
San Diego Law Review
The decision4 to acknowledge one's sexual orientation-to "come out'5 in common parlance-exposes gay people to a variety of responses from acceptance, to ridicule,6 to loss of contracts or other means to earn a living, to termination of employment or other benefits.8 Nevertheless, it is an essential step toward lesbian and gay persons' full and equal participation in American society. Legal rules can help or hinder this process; current doctrine, unfortunately, does both.
Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Reference To Promissory Estoppel), Sidney W. Delong
Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Reference To Promissory Estoppel), Sidney W. Delong
San Diego Law Review
Most academic criticism has concentrated on neoformalist rules about the content of contractual obligation in the application of such doctrines as the parol evidence rule, the obligation of good faith, and the effects of trade usage. This Article examines the phenomenon as it arises in the creation of contract obligation, an area in which the virtues of formalism are arguably more important.' The developing law of promissory estoppel does indeed appear to display a trend away from reliance protection in the commercial world.' Many of these decisions may fairly be characterized as "formalist" insofar as they privilege textual forms (written …
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Vermont Civil Unions, Full Faith And Credit, And Marital Status, Lewis A. Silverman
Scholarly Works
No abstract provided.
Criminal Theory In The Twentieth Century, George P. Fletcher
Criminal Theory In The Twentieth Century, George P. Fletcher
Faculty Scholarship
The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett
Journal Articles
Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …
Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain
Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain
Faculty Scholarship
I begin this Article with the preceding two statements concerning care for children because they focus on the relationship between resources and responsibility and capture two conflicting approaches to that relationship. The first statement resists a definition of "responsibility" that leaves out the work of social reproduction, that is, of caring for children and preparing them to take their place as responsible, self-governing members of society. Highlighting the lack of resources that poor parents face when tackling the work of social reproduction, the statement also suggests common ground among parents across class lines as to the importance of caring for …
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi
Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi
antonio lordi
No abstract provided.