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Articles 1 - 30 of 31
Full-Text Articles in Law
Justice And Reasonable Care In Negligence Law, Richard W. Wright
Justice And Reasonable Care In Negligence Law, Richard W. Wright
All Faculty Scholarship
The academic literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This aggregate-risk-utility test is a transparent implementation of the basic impartiality and aggregation principles of utilitarianism and the most popular (Kaldor-Hicks) interpretation of economic efficiency. Thus, the test's assumed prevalence as the criterion of reasonableness in negligence law has been highlighted by legal economists as confirmation of the utilitarian efficiency foundations of tort law, while those, including Ronald Dworkin, who think that the law, including tort law, is or should be grounded on principles of justice have sought to demonstrate that, …
Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright
Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright
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This article is an introduction to and commentary on the contributions to a "Symposium on Negligence in the Courts: the Actual Practice." The contributors all conclude that the tests of negligence that are actually employed by the courts differ from the aggregate-risk-utility test that is generally assumed in the academic literature, including the Restatement of Torts. Patrick Kelley and Laurel Wendt's survey of all the standard jury instructions on negligence in the United States finds only one instruction, in Louisiana, that mentions a risk-utility or cost-benefit test of negligence, and that instruction merely suggests, as a discretionary option, the weighing …
Entrance, Voice And Exit: The Constitutional Bounds Of The Right Of Association, Evelyn Brody
Entrance, Voice And Exit: The Constitutional Bounds Of The Right Of Association, Evelyn Brody
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Despite the central role of organized groups as intermediary bodies in American society, the constitutional right of association is surprisingly recent and limited. As the Supreme Court struggles to define the bounds of 'the' freedom of association, it is time to take a critical look at a difficult set of questions. First, many private organizations engage in various types of selection criteria, but what subjects the Jaycees to State anti-discrimination laws but insulates the Boy Scouts of America? Second, the typical American nonprofit organization is a corporation that lacks both shareholders and members, so are there any 'associates' whose rights …
The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector (Book Review), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Lessons From The Balkans For American Foreign Policy: Building Civil Society Within A Multilateral Framework, Henry H. Perritt Jr.
Lessons From The Balkans For American Foreign Policy: Building Civil Society Within A Multilateral Framework, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Extraterritoriality And Political Heterogeneity In American Federalism, Mark D. Rosen
Extraterritoriality And Political Heterogeneity In American Federalism, Mark D. Rosen
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It is commonly understood that as a matter of federal law, states' substantive policies may diverge in respect of those matters that are not violative of the United States Constitution. As a practical matter, however, what degree of political heterogeneity among states is possible vis-a-vis substantive policies that are not unconstitutional? The answer to the question turns in large part on whether states, if they so choose, can regulate their citizens even when they are out-of-state. If they cannot, citizens can bypass their home state’s laws by simply traveling to a more legally permissive state to do there what is …
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
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This Article explores a radical method under the U.S. Constitution for devolving extraordinary political power to select communities. The United States Constitution places limitations on the exercise of public power by sub-federal polities. When insular groups seek to exercise public power to govern themselves, however, there may be special constitutional limitations that are operative - doctrines that afford their local governments more options in the exercise of power than ordinary state and local governments enjoy. The Article shows that Congress may grant the communities the authority to construe designated provisions of the United States Constitution insofar as the provisions apply …
Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt
Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock
Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Future Of Prior Appropriation In The West, A. Dan Tarlock
The Future Of Prior Appropriation In The West, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock
The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Border Disputes: Trespass To Chattels On The Internet, Richard Warner
Border Disputes: Trespass To Chattels On The Internet, Richard Warner
All Faculty Scholarship
No abstract provided.
Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, Lori B. Andrews
Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, Lori B. Andrews
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No abstract provided.
Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker
Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan
A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
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No abstract provided.
Rules For Interpreting Incomplete Contracts: A Cautionary Note, Steven L. Harris
Rules For Interpreting Incomplete Contracts: A Cautionary Note, Steven L. Harris
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No abstract provided.
Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman
Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman
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In recent decades, the doctrine of content neutrality has become the cornerstone of First Amendment jurisprudence. In the leading case of Police Department v. Mosley (1972), the Supreme Court declared that speech may "never" be regulated because of its content, for that would be "the essence of . . . censorship." If this view were taken literally, however, it would disable government from regulating speech even when necessary to prevent serious injury to individuals or society. In response to this concern, the Court has carved out several exceptions to the neutrality doctrine. Yet the Justices have never succeeded in explaining …
Juries, Justice And Multiculturalism, Nancy S. Marder
Juries, Justice And Multiculturalism, Nancy S. Marder
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No abstract provided.
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
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No abstract provided.
From The Courtroom To The Street: Court Orders And Section 1983, Sheldon Nahmod
From The Courtroom To The Street: Court Orders And Section 1983, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Book Review (Reviewing Vera Gowlland-Debbas Ed., United Nations Sanctions In International Law (2001) And Paul Conlon, United Nations Sanctions Management: A Case Study Of The Iraq Sanctions Committee, 1990-1994 (2000)), Bartram Brown
All Faculty Scholarship
No abstract provided.
Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber
Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber
All Faculty Scholarship
No abstract provided.
U.S. Anti-Trust Law And The Convergence Of Competition Laws, David J. Gerber
U.S. Anti-Trust Law And The Convergence Of Competition Laws, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Vitality Of Joint And Several Liability: Brief Amici Curiae Of American Law Professors In Support Of Respondents, Richard W. Wright
The Vitality Of Joint And Several Liability: Brief Amici Curiae Of American Law Professors In Support Of Respondents, Richard W. Wright
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Tort reform advocates hoped to use a recent case, Norfolk & Western Railway Co. v. Ayers, 123 S. Ct. 1210 (2003), as a vehicle for obtaining a Supreme Court opinion critical of the traditional doctrine of joint and several liability. Under this doctrine, each of the multiple responsible causes of an injury is potentially fully liable for that injury. The specific issue in Ayers was the availability of joint-and-several liability under the Federal Employers' Liability Act (FELA), which employs common-law tort doctrines while excluding some of the traditional defenses. The defendant claimed that the traditional common law used fractional apportionment …
The Architecture Of The International Intellectual Property System, Graeme Dinwoodie
The Architecture Of The International Intellectual Property System, Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
The Rational Limits Of Trademark Law (Plus 2005 Postscript), Graeme Dinwoodie
The Rational Limits Of Trademark Law (Plus 2005 Postscript), Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
Trademark And Copyright: Complements Or Competitors?, Graeme Dinwoodie
Trademark And Copyright: Complements Or Competitors?, Graeme Dinwoodie
All Faculty Scholarship
No abstract provided.
Informing Workers Of The Right To Workplace Representation: Reasonably Moving From The Middle Of The Highway To The Information Superhighway, G. Mica Wissinger
Informing Workers Of The Right To Workplace Representation: Reasonably Moving From The Middle Of The Highway To The Information Superhighway, G. Mica Wissinger
Louis Jackson National Student Writing Competition
No abstract provided.
Levitz Furniture Co.: The End Of Celanese And The Good-Faith Doubt Standard For Withdrawing Recognition Of Incumbent Unions, Sarah Pawlick
Levitz Furniture Co.: The End Of Celanese And The Good-Faith Doubt Standard For Withdrawing Recognition Of Incumbent Unions, Sarah Pawlick
Louis Jackson National Student Writing Competition
No abstract provided.