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Articles 1591 - 1620 of 11222
Full-Text Articles in Law
The Added Value And Prerogatives Of Law Schools With A Faith Mission, Bradley J.B. Toben
The Added Value And Prerogatives Of Law Schools With A Faith Mission, Bradley J.B. Toben
Journal of Legal Education
No abstract provided.
Table Of Contetns - Vol. 34, No. 1 2009
Table Of Contetns - Vol. 34, No. 1 2009
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Gina Will Protect You, Just Not From Death: The Genetic Information Nondiscrimination Act And Its Failure To Include Life Insurance Within Its Protections, Brianna E. Kostecka
Gina Will Protect You, Just Not From Death: The Genetic Information Nondiscrimination Act And Its Failure To Include Life Insurance Within Its Protections, Brianna E. Kostecka
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr.
Getting Property Right: "Informal" Mortgages In The Japanese Courts, Frank G. Bennette Jr.
Washington International Law Journal
In Japan’s civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or “title-transfer security interest,” that is created by conveying legal title to the creditor, with a promise to restore it to the debtor upon repayment. Although best known today as a means to providing security in movables, jōto tanpo was originally an alternative means of mortgaging real estate, and this latter use of the interest is the subject of this Article. The two early attractions of the jōto tanpo interest to creditors were 1) the ability to avoid inefficient procedures for the enforcement of …
Religiously Affiliated Law Schools, Values, And Professionalism, James D. Gordon Iii
Religiously Affiliated Law Schools, Values, And Professionalism, James D. Gordon Iii
Journal of Legal Education
No abstract provided.
Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John Garvey
Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John Garvey
Journal of Legal Education
No abstract provided.
The Organ Conscription Trolley Problem, Adam J. Kolber
The Organ Conscription Trolley Problem, Adam J. Kolber
Faculty Scholarship
No abstract provided.
The Insurance Relationship As Relational Contract And The "Fairly Debatable" Rule For First-Party Bad Faith, Jay M. Feinman
The Insurance Relationship As Relational Contract And The "Fairly Debatable" Rule For First-Party Bad Faith, Jay M. Feinman
San Diego Law Review
This Article uses relational contract theory to discuss the standard to be applied to evaluate the behavior of insurance companies in first-party bad faith cases. The Article first briefly summarizes relational contract theory and describes the insurance contract as a prime example of a relational contract. It then describes the law of bad faith in first-party insurance cases-cases in which a policyholder alleges that the insurance company has violated the duty of good faith and fair dealing that is present in every contract and intensified in insurance contracts. The most widely adopted standard for bad faith is the “fairly debatable” …
A Unified Rationale For Section 2-607(3)(A) Notification, William H. Henning, William H. Lawrence
A Unified Rationale For Section 2-607(3)(A) Notification, William H. Henning, William H. Lawrence
San Diego Law Review
The premise of this Article is that the approach drafted by Professor Speidel is far superior to the original approach. The denial of any remedy to an aggrieved party because it stumbles with respect to some aspect of a notification is draconian, and section 2-607(3)(a) should not be retained in its present form. The original provision's requirement that notification be given within a reasonable time and its silence as to the required contents give the courts a great deal of discretion, and they can do much to ameliorate its harsh effects by using only the prejudicial effect of a delay …
Arbitrator Integrity: The Transient And The Permanent, William W. Park
Arbitrator Integrity: The Transient And The Permanent, William W. Park
San Diego Law Review
The constant movement in arbitrators' lives and activities requires regular adjustment in both formulation and application of contours for acceptable and unacceptable arbitrator behavior. Legal claims should be decided on their merits, rather than according to a predisposition or interest in the outcome. A reasonable measure of arbitrator integrity remains both desirable and attainable. However, in a world of stubbornly heterogeneous legal cultures, each with its own divergent view of proper conduct, elaborating one common ethical plumb line for international arbitration poses special challenges. Fair-mindedness and intelligence remain the most sought after qualities in arbitrators. To reduce the risk of …
Warranties In The Box, James J. White
Warranties In The Box, James J. White
San Diego Law Review
I discuss judicial and legislative attempts to deal with the question of whether a warranty, seen for the first time by the buyer after the purchase has been concluded, can be part of the "basis of the bargain". Courts finding no claim sometimes invoke terminology familiar from many tort cases, that there is no "privity" between a manufacturer and a buyer once removed. I suggest how they might be handled in a case today. The proper result is indisputable, only the method is in question; to conclude otherwise would truly make the law an ass.
In Memoriam: Professor Richard E. Speidel 1933-2008, Kevin Cole
In Memoriam: Professor Richard E. Speidel 1933-2008, Kevin Cole
San Diego Law Review
This tribute first begins with a tribute from Dean Kevin Cole, outlining the accomplishments of Professor Richard Speidel, and is succeeded by personal tributes from the various authors of the articles contained in this volume of the San Diego Law Review.
Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman
Maybe Dick Speidel Was Right About Court Adjustment, Robert A. Hillman
San Diego Law Review
I will argue that Dick Speidel may have been correct in asserting that court adjustment makes sense in limited circumstances. But years ago, I allied myself with Speidel and I will only briefly review my reasons here. My main goal in this Article is to argue that nothing courts have decided or writers have analyzed since Aluminum Co. of America v. Essex Group, Ins (ALCOA), a somewhat infamous case in which the court adjusted a long-term contract, proves that court adjustment is always wrongheaded. In fact, as with so many policy issues, we may never identify the best judicial approach …
Blowing The Whistle On Mandatory Arbitration: Unconscionability As A Signaling Device, Charles L. Knapp
Blowing The Whistle On Mandatory Arbitration: Unconscionability As A Signaling Device, Charles L. Knapp
San Diego Law Review
This Article is concerned with two areas of American law and their intersection. One is the legal doctrine - which exists in both common law and statutory form - known as "unconscionability." The other is the form of dispute resolution called "arbitration." These would on the face of it seem to be unrelated concepts; unconscionability is generally thought of as part of the law contract, while arbitration is essentially a type of procedure, one a number of mechanisms for settling disputes between private parties. By an accident of legal history, however, the two notions appear to be in the process …
The Collateral Source Rule In Contract Cases, Joseph M. Perillo
The Collateral Source Rule In Contract Cases, Joseph M. Perillo
San Diego Law Review
The issue in a collateral source case is: should contract damages be reduced by the amount of payments that the wronged party has received from a third party such as an insurer? This kind of question arises most frequently in tort cases involving property damage, personal injuries, or death, where a doctrine known as collateral source rule has evolved. Under this rule, except where changed by statute, damages assessed against a tortfeasor generally are not diminished by any payments received by the injured party from medical insurance, pension and disability plans, or any sources other than the tortfeasor or the …
Good Faith Revisited: Some Brief Remarks Dedicated To The Late Richard E. Speidel - Friend, Co-Author, And U.C.C. Specialist, Robert S. Summers
Good Faith Revisited: Some Brief Remarks Dedicated To The Late Richard E. Speidel - Friend, Co-Author, And U.C.C. Specialist, Robert S. Summers
San Diego Law Review
Here, in regard to the U.C.C., I will focus, but only in a general way, on U.C.C. section 1-304 - formerly section 1-203 - which imposes a general obligation of good faith. I will also address, but again only in a general way, the Restatement (Second) of Contracts and general contract law dealing with good faith. I will not undertake to provide extended analyses of the U.C.C. or Restatement, nor extended analyses of the case law under the Code or in general contract law.
The English Fox In The Louisiana Civil Law Chausse-Trappe: Civil Law Concepts In The English Language; Comparativists Beware!, Alain Levasseur, Vicenç Feliú
The English Fox In The Louisiana Civil Law Chausse-Trappe: Civil Law Concepts In The English Language; Comparativists Beware!, Alain Levasseur, Vicenç Feliú
Louisiana Law Review
No abstract provided.
Twenty Years After Bowen V. Massachusetts - Damages Or Restitution: When Does It Still Matter? When Should It?, Nora J. Pasman-Green, Alexis Derrossett
Twenty Years After Bowen V. Massachusetts - Damages Or Restitution: When Does It Still Matter? When Should It?, Nora J. Pasman-Green, Alexis Derrossett
Louisiana Law Review
No abstract provided.
Deficiency Judgments: A Louisiana Overview, Michael H. Rubin, Jamie D. Seymour
Deficiency Judgments: A Louisiana Overview, Michael H. Rubin, Jamie D. Seymour
Louisiana Law Review
No abstract provided.
Unresolved Issues Regarding Passthrough Entities, Community Property, And Federal Tax Law Create Headaches For Spouses In Louisiana, Susan Kalinka
Unresolved Issues Regarding Passthrough Entities, Community Property, And Federal Tax Law Create Headaches For Spouses In Louisiana, Susan Kalinka
Louisiana Law Review
No abstract provided.
The Troxel Aftermath: A Proposed Solution For State Courts And Legislatures, Sonya C. Garza
The Troxel Aftermath: A Proposed Solution For State Courts And Legislatures, Sonya C. Garza
Louisiana Law Review
No abstract provided.
Louisiana's New Public Defender System: Origins, Main Features, And Prospects For Success, Richard Drew
Louisiana's New Public Defender System: Origins, Main Features, And Prospects For Success, Richard Drew
Louisiana Law Review
No abstract provided.
Grass Roots Immigration Reform, Susan M. Bartlett
Grass Roots Immigration Reform, Susan M. Bartlett
Louisiana Law Review
No abstract provided.
The Bankruptcy Exchange, Douglas G. Baird
The Bankruptcy Exchange, Douglas G. Baird
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.