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Articles 361 - 390 of 446
Full-Text Articles in Common Law
Rule-Oriented Realism, Emily Sherwin
Rule-Oriented Realism, Emily Sherwin
Michigan Law Review
In his new book The Law and Ethics of Restitution, Hanoch Dagan undertakes to explain and justify the American law of restitution. He offers a broad theoretical account of this poorly understood subject, designed not only to fortify the substantive law of restitution but also to clarify the role and methodology of courts in developing the field. Dagan's book also provides lively discussion of the role of restitution in some of the most highly publicized legal developments of recent years. Those who think of restitution as an obscure branch of "legal remedies" may be surprised to read about the …
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann
Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann
Cardozo Law Review
No abstract provided.
The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper
The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper
Cardozo Journal of International and Comparative Law
The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …
Reading The Fossil Record: A New Look At Old Law, Elliot Gardner
Reading The Fossil Record: A New Look At Old Law, Elliot Gardner
Cardozo Law Review
No abstract provided.
The Immense Rumor, Peter Goodrich
The Immense Rumor, Peter Goodrich
Articles
The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …
State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart
State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart
Cardozo Law Review
No abstract provided.
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
UIC Law Review
No abstract provided.
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
Faculty Works
No abstract provided.
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Cardozo Law Review
No abstract provided.
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Cardozo Law Review
This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …
A Measure Of Freedom, James W. Nickel
The Simplification Of Private Law, Andrew Kull
The Simplification Of Private Law, Andrew Kull
Journal of Legal Education
No abstract provided.
Learning To Be A Legal Historian: Reflections Of A Nontraditional Student, Jonathan Rose
Learning To Be A Legal Historian: Reflections Of A Nontraditional Student, Jonathan Rose
Journal of Legal Education
No abstract provided.
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Cardozo Law Review
No abstract provided.
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Articles
The article explores the intersection of law, rhetoric, and corporeality, arguing that law is deeply embedded in the human body and its emotional and sensory experiences. It posits that legal dogmatics, while often seen as abstract, is shaped by the body's characteristics and movements, which serve as a substrate for legal logic. The analysis centers on Abraham Fraunce and his contemporaries, who critique the strict legality by emphasizing rhetoric, decorum, and the form of life that rhetoric implies. This critique challenges the notion of law as a detached, abstract system by highlighting its corporeal and emotional dimensions.
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Cardozo Law Review
No abstract provided.
Unpublished Opinions: A Comment, Richard S. Arnold
Unpublished Opinions: A Comment, Richard S. Arnold
The Journal of Appellate Practice and Process
The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
The Board Of Directors And Internal Control, Melvin A. Eisenberg
The Board Of Directors And Internal Control, Melvin A. Eisenberg
Cardozo Law Review
No abstract provided.
The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham
The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham
Articles
No abstract provided.
An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges
An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges
UIC Law Review
No abstract provided.
In The Tribunal Of Conscience: Mills V. Wyman Reconsidered, Geoffrey R. Watson
In The Tribunal Of Conscience: Mills V. Wyman Reconsidered, Geoffrey R. Watson
Scholarly Articles
In this Article, Professor Watson explores the historical record surrounding Mills v. Wyman, 20 Mass (3 Pick) 207 (1825), one of the leading American cases on moral obligation in contract law. In Mills, the Massachusetts Supreme Judicial Court refused to enforce a father's promise to compensate a Good Samaritan who had cared for the father's dying son. Professor Watson combs the historical evidence--court records, census reports, genealogical data, probate records, military rolls, and so on-and argues that the Mills court got both the facts and the law wrong. According to Professor Watson, the father did not make the promise in …
The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden
The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden
University of Arkansas at Little Rock Law Review
No abstract provided.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn
“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn
Scholarly Works
This Article reports on the performance of a study based on and inspired by Segal and Spaeth's work. It examines the possible attitudinal bases of the entire corpus (over 100 cases) of federal district court decisions involving constitutional self-representation claims. As explained in greater detail below, this area of jurisprudence was selected for study because decisions often are dependent upon the exercise of judicial discretion-Segal and Spaeth's attitudinal factors. This study both elucidates the attitudinal methods of Segal and Spaeth and "proves" an exception to the attitudinal model hypothesized by Segal and Spaeth. That exception is the salience of doctrine …
The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman
The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Distinction Between Crime And Tort In The Early Common Law, David J. Seipp
The Distinction Between Crime And Tort In The Early Common Law, David J. Seipp
Faculty Scholarship
Lawyers and judges in English royal courts between 1200 and 1500 drew a distinction between crime and tort. Each type of lawsuit-each writ or action-had its own form and nature. Medieval English lawyers grouped these individual actions into categories such as real actions and personal actions, writs of possession and writs of right.' The lawyers recognized categories that later acquired the labels crime and tort, although those were not the names for them in the early common law. Crimes were prosecuted by actions known as indictments and appeals of felony. Torts were remedied by writs of trespass alleging use of …
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Cardozo Law Review
The unprecedented number of bank failures in the past several years has spawned a crisis in the industry and fueled an extensive debate about how federal regulators can effectively make banks more responsible for guaranteeing the soundness of their operations. For the federal regulators most involved-the Federal Deposit Insurance Corporation ("FDIC"), Office of Thrift Supervision ("OTS"), and the Federal Reserve Board ("FRB") -Congress is directing the effort to enhance the banks' guarantees of self-policing. Congress's basic response to the crisis has been to heighten the minimum capital levels the banks must maintain to avoid direct corrective intervention by the federal …