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Full-Text Articles in Law

Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois Nov 2006

Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois

Goutam U Jois

Over the past several decades, economic theory has gained increasing influence in legal thinking, political theory, and public policy. This article argues that the popular characterization of economics as “value-neutral” obscures the fact that there are fundamental value judgments in any framework influenced by economics. Acknowledging this fact will shift the terms of the debate: instead of a “neutral” policy and one that “imposes values,” we see that both policies in fact entail value imposition to some extent. The public discourse is thus rendered more intellectually honest. The article progresses in three parts. First, I describe the concept of “merit …


Ideological Flip-Flop: American Liberals Are Now The Primary Supporters Of Tort Law, Stephen D. Sugarman Sep 2006

Ideological Flip-Flop: American Liberals Are Now The Primary Supporters Of Tort Law, Stephen D. Sugarman

Stephen D Sugarman

Traditionally structured to function to favor defendants, tort law around 1960 was a regime that conservatives defended and liberals sought to replace or reform. In the U.S. today, many on the left embrace tort law, and it is the right that is pushing for "tort reform." Along with this ideological somersault, American tort law has bcome much more politically prominent. This essay explores this ideological transformation of tort law in the U.S.


An Essay On Strategies For Facilitating Learning, David Barnhizer Jun 2006

An Essay On Strategies For Facilitating Learning, David Barnhizer

David Barnhizer

There is a convenient assumption among many American law teachers that the existing model of the American law school works effectively. This includes the belief that the dominant methods and goals are not only appropriate and comprehensive but are being achieved. The reality is quite different. Law teachers tend to be amateurs from the perspective of the quality of our teaching. We are largely unaware of the most effective ways to structure a curriculum, integrate course offerings and design and execute individual courses. This essay focuses on goals, strategies and techniques for the facilitation of student learning. It reflects a …


"One Person, One Vote, And The Constitutionality Of The Winner-Take-All Allocation Of Electoral Votes", David A. Schultz Apr 2006

"One Person, One Vote, And The Constitutionality Of The Winner-Take-All Allocation Of Electoral Votes", David A. Schultz

David A Schultz

The winner-take-all method of allocating electoral votes in presidential races is the norm among states, yet nowhere in the Constitution is this practice mandated. This article contends that the winner-take-all allocation of electors unconstitutionally magnifies the battleground states' influence on the final Electoral College tally and that these inequities cannot be reconciled with the principle of one-person, one-vote that the US Supreme Court articulated in the landmark Reynolds v. Sims. In 1966 the Supreme Court declined to hear a case contesting the constitutionality of the winner-take-all system based on the one person, one vote, principle. It is time for the …


News Media’S Impact On Perceptions Of The Civil Justice System, Hugh M. Robert Jan 2006

News Media’S Impact On Perceptions Of The Civil Justice System, Hugh M. Robert

Hugh M Robert

With cases in the news like the McDonalds case, it has left the public with a very distorted view of the civil justice system. Information about the civil litigation system is critical because citizens report that the news media is their primary source of information about the court system, an even more important source than contact with the courts themselves. With the general public relying primarily on the news media as their source of information, it is necessary to examine what is being reported and the frequency of covering both sides to the story, the true story.


Obscene Contracts*: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii Jan 2006

Obscene Contracts*: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii

George A Nation III

No abstract provided.