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Articles 191941 - 191970 of 546126
Full-Text Articles in Law
The Taxonomy Of Civil Recourse, Andrew S. Gold
The Taxonomy Of Civil Recourse, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Proving Racial Discrimination And Monitoring Fair Lending Compliance: The Missing Data Problem In Nonmortgage Credit, Winnie F. Taylor
Proving Racial Discrimination And Monitoring Fair Lending Compliance: The Missing Data Problem In Nonmortgage Credit, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
The Missing Elements Of Contract Damages, Mitchell L. Engler, Susan B. Heyman
The Missing Elements Of Contract Damages, Mitchell L. Engler, Susan B. Heyman
Articles
In this Article, we juxtapose two classic contract doctrines to expose a subtle, but dramatic, anomaly of damage law. After Jack Dempsey breached a contract to pursue another championship boxing match, the spurned promoter sued for all his costs but the court allowed only the postcontract costs, thereby wiping out precontract expenses. Separately, though, the Red Owl promissory estoppel line of cases allows recovery of costs reasonably incurred in reliance on a precontractual promise despite the lack of a finalized agreement. Our linkage of Dempsey and Red Owl uncovers the striking possibility that an aggrieved party on a finalized contract …
Brown And Roper: The American South And The Supreme Court, Takuya Katsuta
Brown And Roper: The American South And The Supreme Court, Takuya Katsuta
Connecticut Journal of International Law
This article examines the significance of foreign law and international relations for the Supreme Court of the United States when it resolves constitutional controversies, focusing primarily on the controversial 2005 decision, Roper v. Simmons. The conflict between Justices Kenney and Scalia on the issue of referring to foreign law comes under review by reference to the number of states and nations that permitted the challenged practice when the Court applied the cruel and unusual punishment clause of the Eighth Amendment in its decisions on major death penalty issues. This article reveals that since 1958, the Court has consistently referred to …
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan Jr.
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan Jr.
Connecticut Journal of International Law
This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …
A Preface To World Government: A Comparison Of The Current State Of International Governance With The State Of Governance That Followed Adoption Of The American Articles Of Confederation, Vincent J. Samar
Connecticut Journal of International Law
Is the current state of international governance by the United Nations and related organizations a preface to what eventually might become a world government?' Is it at all similar to the structure of government in the United States after the adoption of the Articles of Confederation in 1781 and before adoption of the Constitution of 1787? Are changes in the way international institutions like the United Nations operate related to changes in our conceptions of the role of these institutions in providing international governance? When governmental institutions prove to be too weak to adequately perform the tasks expected of them …
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.
Dustin Guzior And Anup Malani, Implicit Bias In Legal Interpretation, Ward Farnsworth
Dustin Guzior And Anup Malani, Implicit Bias In Legal Interpretation, Ward Farnsworth
Public Law and Legal Theory Working Papers
What role do policy preferences play when a judge or any other reader decides what a statute or other legal text means? Most judges think of themselves as doing law, not politics. Yet the observable decisions that judges make often follow patterns that are hard to explain by anything other than policy preferences. Indeed, if one presses the implications of the data too hard, it is likely to be heard as an accusation of bad faith—a claim that the judge or other decision-maker isn't really earnest in trying to separate preference from judgment. This does not advance the discussion, and …
Talk About Talking About Constitutional Law, Adam M. Samaha
Talk About Talking About Constitutional Law, Adam M. Samaha
Public Law and Legal Theory Working Papers
Constitutional theory branches into decision theory and discourse theory. The former concentrates on how constitutional decisions are or should be made, the latter on how constitutional issues are or should be discussed. For its part, originalism began as a method for resolving constitutional disagreement but it has migrated into discourse theory, as well. Jack Balkin’s “living originalism” illustrates the move. This essay examines inclusive versions of originalism like Balkin’s that permit many different answers to constitutional questions. The essay then suggests pathologies associated with loose constitutional discourse in general. For instance, a large domain for constitutional discourse can crowd out …
Regulation For The Sake Of Appearance, Adam M. Samaha
Regulation For The Sake Of Appearance, Adam M. Samaha
Public Law and Legal Theory Working Papers
Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …
Does Accuracy Improve The Information Value Of Trials?, Scott Baker, Anup Malani
Does Accuracy Improve The Information Value Of Trials?, Scott Baker, Anup Malani
Public Law and Legal Theory Working Papers
We develop a model where products liability trials provide information to consumers who are not parties to the litigation. Consumers use this information to take precautions against dangerous products. A critical assumption is that consumers cannot differentiate between firms that have never been sued and firms that have been sued but settled out of court. In this framework, we show that perfectly accurate courts do not maximize information to consumers and thus welfare, contrary to Kaplow and Shavell (1994). More accurate courts provide more information only if producers go to trial. Greater accuracy, however, encourages producers of dangerous products to …
Opening Remarks, Barbara Buckley
Opening Remarks, Barbara Buckley
Public Interest Law Film Festival
No abstract provided.
Film Festival Flyer, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Film Festival Flyer, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Public Interest Law Film Festival
No abstract provided.
Film Festival Program, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Film Festival Program, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Public Interest Law Film Festival
No abstract provided.
The Unaffordable Health Act: A Response To Professors Bagley And Horwitz, Jeffrey H. Kahn, Douglas A. Kahn
The Unaffordable Health Act: A Response To Professors Bagley And Horwitz, Jeffrey H. Kahn, Douglas A. Kahn
Scholarly Publications
No abstract provided.
Breaking Free From Insanity: A White-Collar Crime Approach To Drug War Policy, Brian Harrison
Breaking Free From Insanity: A White-Collar Crime Approach To Drug War Policy, Brian Harrison
University of the District of Columbia Law Review
Preventing crime should be a top priority for law enforcement. A victim of crime would readily agree that never having been a victim at all is preferable to suffering at the hands of a criminal. Even if the criminal is later caught and punished, a victim remains a victim. Despite this simple truth, current drug policy does not place a top priority preventing the laundering of drug-tainted money. As a result, the United States remains a victim in the War on Drugs.' As will be discussed, the crime of money laundering can be prevented in many instances by prosecuting banks …
What Would It Look Like If We Cared About Narcotics Trafficking? An Argument To Attack Narcotics Capital Rather Than Labor, Mark Osler
University of the District of Columbia Law Review
Law enforcement actions should be judged by a simple measure: are they solving a problem? After all, we Americans loathe the loss of freedom and the spending of tax dollars, and we should never take away citizens' freedom and money unless there actually is a problem being solved. Illegal narcotics are a problem, but we aren't solving it. Narcotics trafficking and use lead to violence, undermine productivity,' and rip apart the social fabric of families and communities. Despite much attention to these issues, drug use in this country continues at high levels, even among children.2 We have failed, and it …
Again And Again We Suffer: The Poor And The Endurance Of The "War On Drugs", Brian Gilmore
Again And Again We Suffer: The Poor And The Endurance Of The "War On Drugs", Brian Gilmore
University of the District of Columbia Law Review
No abstract provided.
A Decade After Drug Decriminalization: What Can The United States Learn From The Portuguese Model?, Jordan Blair Woods
A Decade After Drug Decriminalization: What Can The United States Learn From The Portuguese Model?, Jordan Blair Woods
University of the District of Columbia Law Review
No abstract provided.
The Kingpin Act Vs. California's Compassionate Use Act: The Dubious Battle Between State And Federal Drug Laws, Sumeet H. Chugani, Xingjian Zhao
The Kingpin Act Vs. California's Compassionate Use Act: The Dubious Battle Between State And Federal Drug Laws, Sumeet H. Chugani, Xingjian Zhao
University of the District of Columbia Law Review
No abstract provided.
The Politics Of Exclusion In California's Marijuana Reform Movement, Brooke Mascagni
The Politics Of Exclusion In California's Marijuana Reform Movement, Brooke Mascagni
University of the District of Columbia Law Review
No abstract provided.
Rise Of The Pills, Ken Lammers Jr.
Rise Of The Pills, Ken Lammers Jr.
University of the District of Columbia Law Review
No abstract provided.
Summary Of State V. Hughes, 127 Nev. Adv. Op. 56, Brandon Sendall
Summary Of State V. Hughes, 127 Nev. Adv. Op. 56, Brandon Sendall
Nevada Supreme Court Summaries
Appeal from a district court order dismissing a production of child pornography charge, based on the conclusion that NRS 200.710 is unconstitutionally vague.
Summary Of Ford V. State, 127 Nev. Adv. Op. No. 55, Alan R. Smith
Summary Of Ford V. State, 127 Nev. Adv. Op. No. 55, Alan R. Smith
Nevada Supreme Court Summaries
Appeal from a district court judgment of conviction, by way of a jury verdict, for pandering of prostitution.
Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick
Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick
Popular Media
No abstract provided.
Summary Of City Of North Las Vegas V. State, Emrb, 127 Nev. Adv. Op. No. 57, Colin Seale
Summary Of City Of North Las Vegas V. State, Emrb, 127 Nev. Adv. Op. No. 57, Colin Seale
Nevada Supreme Court Summaries
An appeal of an order denying a petition for judicial review in a local government employment matter.
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Nevada Supreme Court Summaries
A writ of prohibition precluding further proceedings by Nevada’s Foreclosure Mediation Program was denied because the petitioner had an adequate remedy in the ordinary course of law.