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Articles 1591 - 1620 of 9707
Full-Text Articles in Law
Foreword, Daniel B. Rodriguez
Foreword, Daniel B. Rodriguez
San Diego Law Review
The Dean and Professor of Law at the University of San Diego School of Law provides an introduction to this volume celebrating the fiftieth anniversary of the law school. He notes that the school is known for major academic contributions to academic debates in at least the following areas: legal theory, constitutional theory and history, and law and economy.
The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander
The Jurisdiction Of Justice: Two Conceptions Of Political Morality, Larry Alexander
San Diego Law Review
My topic in this essay is a major fault line within normative theory. More precisely, it is a major fault line within that part of a normative theory that deals with the content of our moral obligations to others. When I refer to moral obligations here, I am referring to those acts that morality demands of us such that it permits force or its threat to be employed to secure those acts. Moral obligations as I use the term are thus candidates for legal enforcement. I argue that much of what is debated within liberal political/moral theory can be usefully …
Guarentees And Limits Of The Independence And Impartiality Of The Judge, Joseph J. Darby
Guarentees And Limits Of The Independence And Impartiality Of The Judge, Joseph J. Darby
San Diego Law Review
This Article looks at the role of judicial independence in the United States. The author examines the history of judicial independence in England and the Colonies, under the Articles of Confederation, and forward through history. The author concludes that judicial independence forms an integral part of the political doctrine of separation of powers. In addition, the author argues that judicial independence in any country must begin with a genuine commitment to democracy and the rule of law.
Rolling Contracts Rolling Over Contract Law, William H. Lawrence
Rolling Contracts Rolling Over Contract Law, William H. Lawrence
San Diego Law Review
A rolling contract is a deal in which the contract either is not formed until, or is modified when, the last terms are presented for assent. The issue raised by rolling contracts is whether the seller's additional standard terms are enforceable. This article criticizes two distinct approached advanced by advocates of the rolling contract concept. Judge Easterbrook's approach is based upon principles of contract formation. This essay shows that his analysis is replete with distortion and avoidance of the relevant contract principles. Professor Robert Hillman focuses on the contract terms, arguing that, irrespective of faulty analysis concerning contract formation, the …
An Enterprise (No-Fault) Liability Suitable For Judicial Adoption - With A "Draft Judicial Opinion", Virginia E. Nolan, Edmund Ursin
An Enterprise (No-Fault) Liability Suitable For Judicial Adoption - With A "Draft Judicial Opinion", Virginia E. Nolan, Edmund Ursin
San Diego Law Review
In this Article, the authors propose that courts recognize an enterprise liability applicable to persons injured on the premises of supermarkets. In contrast to strict products liability, victim compensation under their proposal would not turn on whether the supermarket's premises could be characterized as dangerously defective. Instead, the proposed doctrine would impose a strict enterprise liability for personal injuries arising out of the use of the supermarket's premises by entrants on those premises. The resulting doctrine would avoid the intractable - and litigation producing - defect problem, while holding down costs - and litigation - by limiting recoverable damages.
Six Easy Pieces: Teaching Experientially, Steven Hartwell
Six Easy Pieces: Teaching Experientially, Steven Hartwell
San Diego Law Review
Steven Hartwell explores the growth and value of teaching experientially in this article. Experiential teaching emerged when clinical legal education grew in response to student demands for a more relevant education. The educational advantages of the field clinic model are substantial: students are more motivated to lean, the learning is direct and based on real experience, it entails both cognitive and affective domains, and raises ethical issues by working with real clients. The author examines David Kolb's theory of experiential learning; the basic premise of that theory is that effective learning takes place experientially in a continuous, circular four-stage sequence. …
"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash
"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash
San Diego Law Review
"Textualism" is a very general and abstract term that represents a variety of views about the interpretation of legal texts. One strand of textualism is conceptual and descriptive; this strand makes claims about what texts actually mean. Another strand of textualism is normative; this strand makes claims about how judges ought to proceed when they interpret particular kinds of legal texts, such as constitutions and statutes. In the first part of this paper, we are particularly concerned with an especially strong form of conceptual textualism - the position that texts can be interpreted without any reference, express or implied, to …
Finance And Factionalism: The Uneasy Present (And Future) Of Special Interest Committees In Corporate Reorganization Law, Mary Jo Wiggins
Finance And Factionalism: The Uneasy Present (And Future) Of Special Interest Committees In Corporate Reorganization Law, Mary Jo Wiggins
San Diego Law Review
This Article starts with a general doctrinal introduction to the Bankruptcy Code sections and case law that control the creation and appointment of committees. The Article then provides case studies from four large corporate reorganizations: Enron, Kmart, Global Crossing, and Pacific Gas and Electric. These case studies reveal the wide variety of factual and legal setting in which the appointment of special interest committees can become an important threshold legal issue in bankruptcy law. Finally, the last section of the Article discusses several potential implications from the case studies. Special interest committees, properly constituted and employed, can improve both the …
An Introductory Lesson To Mexican Law: From Constitutions And Codes To Legal Culture And Nafta, Jorge A. Vargas
An Introductory Lesson To Mexican Law: From Constitutions And Codes To Legal Culture And Nafta, Jorge A. Vargas
San Diego Law Review
This Article provides an introductory lesson to Mexican law, beginning with exploring the growing presence of Mexican law in the United States. He proceeds to explore the historical background of Mexican law, and looks at the relationship between "Aztec law" and Mexican law. Then, the author discusses the legal education of Mexican attorneys and the legal culture in Mexico. Finally, the author examines the "Americanization" of Mexican law by looking at NAFTA and it's effects.
The Normalization Of Homeland Security After September 11: The Role Of The Military In Counterterrorism Preparedness And Response, William C. Banks
The Normalization Of Homeland Security After September 11: The Role Of The Military In Counterterrorism Preparedness And Response, William C. Banks
Louisiana Law Review
No abstract provided.
The Role Of Military Intelligence In Homeland Security, Stephen Dycus
The Role Of Military Intelligence In Homeland Security, Stephen Dycus
Louisiana Law Review
No abstract provided.
Foia And Fighting Terror: The Elusive Nexus Between Public Access And Terrorist Attack, James T. O'Reilly
Foia And Fighting Terror: The Elusive Nexus Between Public Access And Terrorist Attack, James T. O'Reilly
Louisiana Law Review
No abstract provided.
Detaining Combatants By Law Or By Order? The Rule Of Lawmaking In The War On Terrorists, Peter Raven-Hansen
Detaining Combatants By Law Or By Order? The Rule Of Lawmaking In The War On Terrorists, Peter Raven-Hansen
Louisiana Law Review
No abstract provided.
Too Strange To Be Just Fiction: Legal Lessons From A Bioterrorist Simulation, The Case Of Topoff 2, John D. Blum
Too Strange To Be Just Fiction: Legal Lessons From A Bioterrorist Simulation, The Case Of Topoff 2, John D. Blum
Louisiana Law Review
No abstract provided.
The Smallpox Vaccination Campaign Of 2003: Why Did It Failand What Are The Lessons For Bioterrorism Preparedness?, Edward P. Richards, Katharine C. Rathbun, Jay Gold
The Smallpox Vaccination Campaign Of 2003: Why Did It Failand What Are The Lessons For Bioterrorism Preparedness?, Edward P. Richards, Katharine C. Rathbun, Jay Gold
Louisiana Law Review
No abstract provided.
Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday
Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday
Public Law and Legal Theory Working Papers
No abstract provided.
Group Judgments: Deliberation, Statistical Means, And Information Markets, Cass R. Sunstein
Group Judgments: Deliberation, Statistical Means, And Information Markets, Cass R. Sunstein
Public Law and Legal Theory Working Papers
How can groups elicit and aggregate the information held by their individual members? The most obvious answer involves deliberation. For two reasons, however, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to silence themselves because of fear of disapproval and associated harms. The unfortunate results include the propagation of errors; hidden profiles; cascade effects; and group polarization. A variety of steps should …
Precautions Against What? The Availability Heuristic And Cross-Cultural Risk Perceptions, Cass R. Sunstein
Precautions Against What? The Availability Heuristic And Cross-Cultural Risk Perceptions, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
Because risks are all on sides of social situations, it is not possible to be globally "precautionary." Hence the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one or another kind. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, whatever their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty here is that what …
Corporate Heroin: A Defense Of Perks, James C. Spindler, M. Todd Henderson
Corporate Heroin: A Defense Of Perks, James C. Spindler, M. Todd Henderson
Coase-Sandor Institute for Law & Economics Research Paper Series
We argue that firms undertake to reduce employee savings in order to avoid final period problems that occur when employees accumulate enough wealth to retire and leave the industry. Normally, reputation constrains employee behavior, since an employee who "cheats" at one firm will then find herself unable to get a job at another. However, employees who have saved such that they no longer care about continued employment will act opportunistically in the final periods of employment, which can destroy much or all of the surplus otherwise created by the employment relationship. We believe that this sort of final period cheating …
Escaping The Indirect Profits Loophole: Finding The Elusive Causal Link In The Case Of Knowing Copyright Infringement, Avi Israeli
Escaping The Indirect Profits Loophole: Finding The Elusive Causal Link In The Case Of Knowing Copyright Infringement, Avi Israeli
Cardozo Law Review
No abstract provided.
The Network Economic Effects Of Whiteness, Brant T. Lee
The Network Economic Effects Of Whiteness, Brant T. Lee
Akron Law Faculty Publications
In this Essay I demonstrate that a network economic analysis of race provides an important and intuitive explanation of racial inequality. In short, Whiteness is Microsoft's Windows operating system, or the QWERTY keyboard, or the standard (non-metric) measurement system, and it is difficult to dislodge for many of the same reasons. Network effects explain how (1) the establishment of a dominant market standard can be contingent on historical context, and it is not necessarily derived from superior intrinsic merit, and (2) a dominant standard exhibits strong self-reinforcing characteristics that can maintain the dominance of the standard in perpetuity, even in …
Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles
Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles
Cornell Law Faculty Publications
“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.
The Challenges Of Tax Collection In Developing Economies (With Special Reference To India), Pramod K. Rai
The Challenges Of Tax Collection In Developing Economies (With Special Reference To India), Pramod K. Rai
LLM Theses and Essays
This paper gives an overview of the Indian tax system and discusses the challenges in tax collection faced by developing economies using India as a model. The paper discusses the ways and means to reduce the black economy and to improve tax compliance for better collection of revenue. The paper further proposes the establishment of a dispute resolution system in developing economies similar to that of the United States for speedy and fair settlement of taxation disputes.
Lights Out For New Jersey: The August 2003 Blackout And The End Of Electricity Regulation In New Jersey, Scott V. Heck
Lights Out For New Jersey: The August 2003 Blackout And The End Of Electricity Regulation In New Jersey, Scott V. Heck
Seton Hall Journal of Legislation and Public Policy
No abstract provided.