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Articles 1 - 12 of 12
Full-Text Articles in Law
Negligence And Insufficient Activity: The Missing Paradigm In Torts, David Gilo, Ehud Guttel
Negligence And Insufficient Activity: The Missing Paradigm In Torts, David Gilo, Ehud Guttel
Michigan Law Review
Conventional wisdom in tort law maintains that the prevention of undesirable risks mandates restriction of harmful conduct. Against this widely held conviction, this Article shows that undesirable risks often stem from insufficient, rather than excessive, activity. Because negligence requires investments in only cost-justified care, parties might deliberately limit their activity so that the size of the ensuing risk would be lower than the cost of welfare-enhancing precautions. Parties' incentives to strategically restrict their activity levels have striking implications for the inducement of efficient harm prevention. The overlooked paradigm of insufficient activity calls for the imposition of a new form of …
Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken
Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken
Indiana Journal of Global Legal Studies
Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise …
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
Osgoode Hall Law Journal
For most of the twentieth century, the dominant paradigm in comparative public law was particularism. This was accompanied by a strong skepticism towards universalist features and possibilities in public law and, especially, constitutional law. With the rise of judicial review after World War I--and especially in Eastern Europe after the collapse of the Soviet Union--comparative judicial review has begun to flourish. However, comparative scholarship on judicial review overemphasizes the centrality of "the question of legitimacy" of judicial review in a democratic polity. This has been a result of the mistaken extrapolation of the American debate over judicial review to other …
A Golden Age Of Civic Involvement: The Client Centered Disadvantage For Lawyers Acting As Public Officials, James E. Moliterno
A Golden Age Of Civic Involvement: The Client Centered Disadvantage For Lawyers Acting As Public Officials, James E. Moliterno
William & Mary Law Review
No abstract provided.
Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo
Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo
San Diego International Law Journal
This paper aims to critically examine the status of global administrative law within the already widely acknowledged notion of global constitutionalism. While global constitutionalism describes the processual "constitutionalization" of an increasingly globalized world through the values emerging from cross-border regulatory cooperation, the global regulatory process at the heart of global administrative law appears to take the place of "We the People" as the creative force behind global constitutionalism. Contrary to the domestic/national context, the identitarian relationship between global administrative law and global constitutional law suggests the unity of global legality, whether it be called administrative law or constitutionalism. The paper …
The Citizen Lawyer, W. Taylor Reveley Iii
The Citizen Lawyer, W. Taylor Reveley Iii
William & Mary Law Review
No abstract provided.
Constitutional Interpretation And Judicial Review: A Case Of The Tail Wagging The Dog, Michael Halley
Constitutional Interpretation And Judicial Review: A Case Of The Tail Wagging The Dog, Michael Halley
Michigan Law Review First Impressions
A response to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003 (2009). Professor John Manning's analysis of the Supreme Court's recent federalism decisions works as a platform to further the cause of textualism. His argument fails to persuade, however, because the textualism he says the Court should embrace in federalism cases is antithetical to the atextual nature of the Court's jurisdiction to adjudicate the constitutionality of legislation. Manning prefaces his work by telling readers that his analysis is not an end in itself. His aim, rather, is to "use the methodology" the …
Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe
Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe
Sustainable Development Law & Policy
No abstract provided.
Are You A Boy Or A Girl? Show Me Your Real Id, James Mcgrath
Are You A Boy Or A Girl? Show Me Your Real Id, James Mcgrath
Nevada Law Journal
No abstract provided.
A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings
A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings
UIC Law Review
No abstract provided.
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Fordham Urban Law Journal
This Article sets out the case that common law adjudication involving such claims as contractual breaches, wrongful termination, and tort can be, and often are, public rights litigation. Many common law decisions have significant impacts in the community, and—because of the nature of precedent—become quickly embedded in the law where they contribute to the outcomes of future cases as well. Common law cases are a particularly important aspect of public rights litigation because of the paucity of constitutional protections for economic and social rights. In the absence of constitutional protections for such rights, rigorous enforcement of common law claims addressing …
An Improved Analytical Framework For The Official Acknowledgment Doctrine: A Broader Interpretation Of “Through An Official And Documented Disclosure”, Jessica Fisher
NYLS Law Review
No abstract provided.