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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 Dec 2009

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 Jul 2009

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 Apr 2009

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 Mar 2009

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 Mar 2009

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 Mar 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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.