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Full-Text Articles in Law
The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs
The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs
John Olson
No abstract provided.
Causation In Disgorgement, Mark P. Gergen
Causation In Disgorgement, Mark P. Gergen
Mark P. Gergen
The Restatement (Third) of Restitution and Unjust Enrichment offers scant guidance on how to determine wealth legally attributable to a wrong for purposes of disgorgement. The black letter admits defeat, stating, "[T]he court may apply such tests of causation and remoteness, . . . may recognize such credits or deductions, and may assign such evidentiary burdens, as reason and fairness dictate, consistent with the object of restitution . . . ."' The comments warn against resort to mechanical rules, including the familiar rule of but-for causation. They recommend merging the factual issue of causation with issues of policy and fairness …
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen
The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen
Mark P. Gergen
No abstract provided.
British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel
British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel
Dan Priel
There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to power. …