Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- Courts (6)
- Legal History (6)
- Law and Society (5)
- Commercial Law (3)
-
- Comparative and Foreign Law (3)
- Criminal Law (3)
- Legal Ethics and Professional Responsibility (3)
- Litigation (3)
- Property Law and Real Estate (3)
- State and Local Government Law (3)
- Torts (3)
- Banking and Finance Law (2)
- Civil Law (2)
- Contracts (2)
- Family Law (2)
- Housing Law (2)
- Intellectual Property Law (2)
- Judges (2)
- Jurisprudence (2)
- Juvenile Law (2)
- Legal Profession (2)
- Legislation (2)
- Rule of Law (2)
- Administrative Law (1)
- Arts and Humanities (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Institution
-
- Pepperdine University (6)
- Columbia Law School (3)
- Brooklyn Law School (2)
- Duke Law (2)
- Roger Williams University (2)
-
- The Catholic University of America, Columbus School of Law (2)
- William & Mary Law School (2)
- Cornell University Law School (1)
- Penn State Dickinson Law (1)
- Singapore Management University (1)
- St. John's University School of Law (1)
- Texas A&M University School of Law (1)
- UIC School of Law (1)
- Universitas Indonesia (1)
- University of Arkansas Little Rock (1)
- University of Colorado Law School (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Common law (6)
- Common Law (4)
- Constitution (3)
- Law (3)
- United States (3)
-
- Attorney (2)
- California (2)
- Child (2)
- Criminal law (2)
- England (2)
- Ethics (2)
- First Amendment (2)
- Instrumentalism (2)
- Judicial (2)
- Jury (2)
- Lawyer (2)
- Legal (2)
- McSweeney works (2)
- Moral (2)
- Neglect (2)
- Parent (2)
- Property rights (2)
- Stare decisis (2)
- United Kingdom (2)
- Victim (2)
- Witness (2)
- Abandon (1)
- Abuse (1)
- Acquit against the evidence (1)
- Activist (1)
- Publication
-
- Faculty Scholarship (9)
- Pepperdine Law Review (6)
- Faculty Publications (2)
- Law Faculty Scholarship (2)
- Catholic University Law Review (1)
-
- Cornell Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Georgia Law Review (1)
- Indonesia Law Review (1)
- Law Faculty Publications (1)
- Scholarly Articles (1)
- Social Space (1)
- St. John's Law Review (1)
- UF Law Faculty Publications (1)
- UIC Review of Intellectual Property Law (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Colorado Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Law School Faculty Publications (1)
- Villanova Law Review (1956 - ) (1)
- Publication Type
Articles 31 - 35 of 35
Full-Text Articles in Common Law
Quasi-Property: Like, But Not Quite Property, Shyamkrishna Balganesh
Quasi-Property: Like, But Not Quite Property, Shyamkrishna Balganesh
Faculty Scholarship
Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property rights, through a relational liability regime, by focusing on the nature and circumstances of the interaction in question, which is thought to merit a highly circumscribed form of exclusion. In this Article, I unpack the analytical and normative bases of quasi-property interests, examine the primary triggering events that cause courts to invoke the category, and respond to potential objections to the recognition of quasi-property as an independent category of interests in the law.
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
Faculty Scholarship
In this Essay, I attempt to disaggregate the Second Circuit’s decision in Barclays Capital to show that while the court may have reached the right conclusion in the end (a position I have argued for previously), its reasoning to reach that conclusion is rather confusing, while at the same time a rich source of information about the future of hot news doctrine. At every stage of its analysis, the Second Circuit went to significant lengths to cabin the reach of the doctrine quite considerably, despite reiterating that it was not abrogating it altogether. In analyzing the opinion, I thus consider …
Response: There Is No Common Law Of Severability, Kevin C. Walsh
Response: There Is No Common Law Of Severability, Kevin C. Walsh
Scholarly Articles
In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya Monestier
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya Monestier
Law Faculty Scholarship
There has been significant academic buzz about Silver v. Imax, an Ontario case certifying a global class of shareholders alleging statutory and common law misrepresentation in connection with a secondary market distribution of shares. Although global class actions on a more limited scale have been certified in Canada prior to Imax, it can now be said that global classes have "officially" arrived in Canada. Many predict that the Imax decision means that Ontario will become the new center for the resolution of global securities disputes. This is particularly so after the United States largely relinquished this role in Morrison v. …
A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung
A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung
Law Faculty Scholarship
No abstract provided.