Law Commons^™

Tort Law As A Law Of Civil Recourse, John Goldberg

John Goldberg

Tort Law as a Law of Civil Recourse Abstract Torts scholars hold different views on why tort law shifts costs from plaintiffs to defendants. Some invoke notions of justice, some efficient deterrence, and some compensation. Nearly all seem to agree, however, that tort law is about the allocation of losses. This Article challenges the widespread embrace of these loss-based frameworks. It is wrongs, not losses, that lie at the foundation of tort law. Tort law affords victims of wrongs an avenue of civil recourse against those who have wronged them. Although torts were once routinely understood as wrongs, since Holmes’s …

S09rs Sgr No. 2 (Uhigh), Hart, Sellers

Student Senate Enrolled Legislation

A RESOLUTION

To Urge and request that the Office of Parking, Traffic, and Transportation re-evaluate the University Laboratory School carpool route.

S09rs Sgr No. 1 (Lights Out), Palermo, Chetta, Free, Hart, Parker, Shea, Waller

Student Senate Enrolled Legislation

A Resolution

To officially announce the start of the Student Government “Lights Out” Campaign.

S09rs Sgr No. 26 (Fee Increase-Bus), Hart

Student Senate Enrolled Legislation

A RESOLUTION

To urge the Student Required Fee Advisory Committee to recommend a fee adjustment of no more than twenty-six dollars ($26.00) for full-time students per semester and three dollars ($3.00) for part-time students to implement the LSU Mass Transit Plan.

S09rs Sgr No. 28 (Thanks To Coaches), Hart, Clark

Student Senate Enrolled Legislation

A RESOLUTION

to thank Athletic Director Joe Alleva, Les Miles, Trent Johnson and Paul Mainieri for each donating one thousand dollars ($1,000) for student tickets for the Women’s NCAA Basketball Tournament.

Constitutional Theory And The Rule Of Recognition: Toward A Fourth Theory Of Law, Mitchell N. Berman

All Faculty Scholarship

This essay, a contribution to a forthcoming edited volume on Hart's rule of recognition and the U.S. Constitution, advances one argument and pitches one proposal. The argument is that Hart's theory of law does not succeed. On Hart's account, legal propositions are what they are - that is, they have the particular content and status that they do - by virtue of their satisfying necessary and sufficient conditions that are themselves established by a special sort of convergent practice among officials. American constitutional theorists are often troubled by this account because it seems to imply that in the "hard cases" …

The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman

Christian Dahlman

The analysis of legal statements that are made from an “internal point of view” must distinguish statements where legal obedience is accepted from statements where legal obedience is only assumed. Statements that are based on accepted obedience supply reasons for action, but statements where obedience is merely assumed can never provide reasons for action. It is argued in this paper that John Searle neglects this distinction. Searle claims that a statement from the internal point of view provides the speaker with reasons for actions that are “self-sufficient” in the sense that they are independent of the speaker's beliefs and desires. …