Law Commons^™

The Unanticipated Ripples Of Comparative Negligence: Superseding Cause In Products Liability And Beyond, Michael D. Green

South Carolina Law Review

No abstract provided.

Proximate Cause, The Proposed Basic Principles Restatement, And Products Liability, Richard Lee Cupp Jr.

South Carolina Law Review

No abstract provided.

Imperfect Liability Regimes: Individual And Corporate Issues, Richard A. Epstein

South Carolina Law Review

No abstract provided.

Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer

South Carolina Law Review

No abstract provided.

Title Page

Southeastern Environmental Law Journal

No abstract provided.

No Road Is A Road To Nowhere For Long - Historic Site Provides Standing In South Carolina Wetlands Permit Case, Anne Elizabeth Mjaatvedt

Southeastern Environmental Law Journal

No abstract provided.

Rethinking Private Nuisance Law: Recognizing Aesthetic Nuisances In The New Millennium, Robert D. Dodson

Southeastern Environmental Law Journal

No abstract provided.

Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Bad And Not-So-Bad Arguments For Shareholder Primacy, Lynn A. Stout

Cornell Law Faculty Publications

In 1932, the Harvard Law Review published a debate between two preeminent corporate scholars on the subject of the proper purpose of the public corporation. On one side stood the renowned Adolph A. Berle, coauthor of the classic The Modern Corporation and Private Property. Berle argued for what is now called "shareholder primacy"—the view that the corporation exists only to make money for its shareholders. According to Berle, "all powers granted to a corporation or to the management of a corporation, or to any group within the corporation. . . [are] at all times exercisable only for the ratable …

Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray

Faculty Scholarship

The growth in the number of concentrated animal feeding operations ("CAFOs"), particularly those involved in swine production, has brought with it increased community concern and outright conflict in many communities across the United States.' Most commentators have focused upon anticipated outcomes to explain the contentiousness of CAFO-related disputes.2 Meanwhile, even though the social dynamics that contribute to the development and escalation of conflicts over CAFOs parallel those exhibited in other kinds of community conflicts, little research has systematically examined the social dynamics associated with CAFO conflicts. One exception to this deficiency is recent work conducted by a team of researchers …

Promoting A Formal System Of Justice In Post-Taliban Afghanistan, Neil Kritz

Connecticut Journal of International Law

I'm going to focus a bit differently here, and give a different slice or touch a different piece of the elephant as compared to the other presentations. I will address the justice issues in Afghanistan. Let me suggest for starters that there are several things that we learned from a lot of the recent previous cases, post-conflict scenarios in other parts of the world that are relevant to Afghanistan.

The first is the obvious one, as Spence emphasized, which is efforts to reestablish justice and a viable, credible system of justice - whatever that may mean in the local context …

On Local Justice And Culture In Post-Taliban Afghanistan, Thomas J. Barfield

Connecticut Journal of International Law

I'm here to discuss the Afghan justice system, the concept of law, and how people organize themselves, but perhaps from a very different perspective because, as an anthropologist, I worked through this system from the bottom up as opposed to the top down. Most of my experience was in pre-war Afghanistan in the mid1970s. This is now being looked back upon as a Golden Age but when I was there, it was perceived as a corrupt and failing regime run by the king whose departure was a good thing. But 20 years of warfare can change peoples' minds on what …

On Respect For The Rule Of Law In Post-Taliban Afghanistan, Pierre-Richard Prosper

Connecticut Journal of International Law

This is a very timely and important topic - one that is receiving a lot of attention at the State Department. The organizers of this symposium deserve considerable credit for the efforts they have taken to promote this discussion. These truly are momentous times, and it will take skill and dedication to address the threat posed by international terrorism while simultaneously strengthening the rule of law. I want to emphasize that the importance of building respect for and adherence to the rule of law in the aftermath of a devastating conflict is not a new concept that has just arisen …

Symposium: Reluctant Nation Building: Promoting The Rule Of Law In Post-Taliban Afghanistan: Introductory Remarks, Laura A. Dickinson

Connecticut Journal of International Law

In the wake of the September 11 attacks on the World Trade Center and the Pentagon and the U.S.-led military response in Afghanistan, the question of nationbuilding has reasserted itself as an issue of central importance. The interim Afghan government has asked for, and is beginning to receive, an enormous amount of international assistance. One of the many planned targets for such assistance is the promotion of democratic institutions and the rule of law. Why, then, is the title of this symposium, "Reluctant Nation Building: Promoting the Rule of Law in PostTaliban Afghanistan"? What concerns are raised when the international …

Filling The Vacuum: Prerequisites To Security In Afghanistan - Report Of The Consortium For Response To The Afghanistan Transtition

Connecticut Journal of International Law

No abstract provided.

Beyond Observable Prejudice-Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose

Faculty Scholarship

As a female professor working within the academic ranks of a law school, I did not have to read Ian Ayres' work, Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination, to know that the odds remain quite high that blacks and women will be subjected to greater instances of discrimination in the marketplace, in medical facilities, and in judicial proceedings than their white male counterparts. Although I would not suggest that such conclusion is axiomatic, it certainly is observable on an experiential level by those falling within the two categories (race and gender) discussed in Professor Ayres' book. …

Foreword: The Law Of Politics, Christopher H. Schroeder

Law and Contemporary Problems

No abstract provided.

Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson

Law and Contemporary Problems

Levinson examines the Supreme Court's decision in "Bush v. Gore" as an entry-point into understanding American constitutional culture. "Law," as people ordinarily think of it, may be much less important than people might believe (or hope) with regard to controlling politics. But "law" in another way may have Americans gripped within a constitutional iron cage that makes it next to impossible to engage in a cogent discussion of what might ail contemporary American polity and, concomitantly, what might be needed by way of reforms.

Judicializing Politics, Politicizing Law, John Ferejohn

Law and Contemporary Problems

Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.

The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton

Law and Contemporary Problems

A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.

Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger

Law and Contemporary Problems

Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.

Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder

Law and Contemporary Problems

Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.

Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia

Law and Contemporary Problems

Lupia argues that the suggestions of those who advocate deliberative democracy to incorporate more and more law-like precepts into politics will not achieve the ultimate ambition of deliberative theory, which is to have the resolution of disputes turn on nothing but the force of the better argument. Lupia discusses mechanisms to build civic competence by creating conditions in which the better argument has an improved change of winning the battle.

Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf

Law and Contemporary Problems

Deliberative theory is concerned with the problem of dissensus and justification--the exercise of state power is justified through a process of public reasoning. Kinkopf examines deliberative theory and illustrates its problems through the campaign finance reform debate.

Foreword

Duke Journal of Gender Law & Policy

No abstract provided.

A Feminist Fourth Amendment?: Consent, Care, Privacy, And Social Meaning In Ferguson V. City Of Charleston, Andrew E. Taslitz

Duke Journal of Gender Law & Policy

No abstract provided.

Inside The Womb: Interpreting The Ferguson Case, Samantha Werauch

Duke Journal of Gender Law & Policy

No abstract provided.

Gestation: Work For Hire Or The Essence Of Motherhood? A Comparative Legal Analysis, Pamela Laufer-Ukeles

Duke Journal of Gender Law & Policy

No abstract provided.

Moving Toward An International Standard In Informed Consent: The Impact Of Intersexuality And The Internet On The Standard Of Care, Patricia L. Martin

Duke Journal of Gender Law & Policy

No abstract provided.

Mandatory Hiv Testing Of Pregnant Women: Public Health Policy Considerations And Alternatives, Erin Nicholson

Duke Journal of Gender Law & Policy

No abstract provided.