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Articles 1 - 6 of 6
Full-Text Articles in Law
The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, Et Al.
The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, Et Al.
Florida State University Law Review
The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract law theory that enriches our thinking about and grounding for contract law norms. But the real work of common law development has always occurred in the trenches-in judicial decisions. In those trenches and on the framework built there, some decisions matter far more than others, and …
The Best And Worst Of Contracts Decisions: An Anthology, Daniel Barnhizer Et Al.
The Best And Worst Of Contracts Decisions: An Anthology, Daniel Barnhizer Et Al.
Florida State University Law Review
The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract law theory that enriches our thinking about and grounding for contract law norms. But the real work of common law development has always occurred in the trenches-in judicial decisions. In those trenches and on the framework built there, some decisions matter far more than others, and …
A Day In The Life Of Tort Law, Douglas H. Cook
A Day In The Life Of Tort Law, Douglas H. Cook
Maine Law Review
What would one day's worth of tort law look like? We usually receive our doses of the law in measures other than per diem: by the case, by the brief, by the article, or by the treatise. There is, of course, a unity in each of those units; each one collects only those authorities that bear upon certain focused aspects of the law. For example, an appellate brief or a law review article is often a compendium of cases dealing within a narrow topical range, cases drawn from a span of many different days, years, or even decades. One way …
2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel
2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel
Marquette Sports Law Review
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Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams
Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams
All Faculty Scholarship
This first chapter from the recently published book Mapping American Criminal Law: Variations across the 50 States documents the alternative distributive principles for criminal liability and punishment — desert, deterrence, incapacitation of the dangerous — that are officially recognized by law in each of the American states. The chapter contains two maps visually coded to display important differences: the first map shows which states have adopted desert, deterrence, or incapacitation as a distributive principle, while the second map shows which form of desert is adopted in those jurisdictions that recognize desert. Like all 38 chapters in the book, which covers …
Equality At Stake: Connecting The Privacy/Vulnerability Cycle To The Debate About Publicly Accessible Online Court Records, Jacquelyn A. Burkell, Jane Bailey
Equality At Stake: Connecting The Privacy/Vulnerability Cycle To The Debate About Publicly Accessible Online Court Records, Jacquelyn A. Burkell, Jane Bailey
FIMS Publications
A considerable amount has been written about the privacy implications of publishing court and tribunal records online. In this article the authors examine the linkages between privacy and vulnerability for members of marginalized communities and, drawing on Calo’s “vicious cycle” of privacy and vulnerability, suggest that publicly accessible online court records represent an equality issue as well. Drawing on social science research and privacy theory, the authors demonstrate the potentially disproportionate effect of online court records on members of marginalized communities. They then examine Canadian case law, legislation and policy that impose restrictions on public disclosure of information from court …