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Full-Text Articles in Law
Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach
Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach
Case Western Reserve Journal of International Law
Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining …
Efficient Contextualism, Peter M. Gerhart, Juliet P. Kostritsky
Efficient Contextualism, Peter M. Gerhart, Juliet P. Kostritsky
Faculty Publications
This Article recommends an economic methodology of contract interpretation that enables the court to maximize the benefits of exchange for the parties and thereby enhance the institution of contracting. We recommend a methodology that asks the parties to identify the determinants of a surplus maximizing interpretation so that the court can determine whether the determinants raise issues that need to be tried. We thus avoid the false choice between textualist and contextualist methodologies, while allowing the parties and the court to avoid costly litigation. For textualist courts, our methodology helps the judge determine when the terms the parties used are …
War Powers, Foreign Affairs, And The Courts: Some Institutional Considerations, Jonathan L. Entin
War Powers, Foreign Affairs, And The Courts: Some Institutional Considerations, Jonathan L. Entin
Case Western Reserve Journal of International Law
No abstract provided.
Getting What You Pay For: Judicial Compensation And Judicial Independence, Jonathan L. Entin
Getting What You Pay For: Judicial Compensation And Judicial Independence, Jonathan L. Entin
Faculty Publications
No abstract provided.
Introduction To Symposium On Access To The Courts In The Roberts Era, Jonathan L. Entin
Introduction To Symposium On Access To The Courts In The Roberts Era, Jonathan L. Entin
Faculty Publications
Introduction to the Case Western Reserve Law Review's symposium "Access to the Courts in the Roberts Era" 2009, Cleveland, OH
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent
Faculty Publications
After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …