Motives And Fiduciary Loyalty,
2020
University of Tulsa
Motives And Fiduciary Loyalty, Stephen R. Galoob, Ethan J. Leib
Faculty Scholarship
How, if at all, do motives matter to loyalty? We have argued that loyalty (and the duty of loyalty in fiduciary law) has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call the compatibility account. On this view, A acts loyally toward B only if …
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today,
2020
Touro Law Center
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron
Touro Law Review
No abstract provided.
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine,
2020
Mitchell Hamline School of Law
Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger
Touro Law Review
No abstract provided.
From Political Hebraism And Jewish Law To The Comparative Paradigm,
2020
Touro University Jacob D. Fuchsberg Law Center
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act,
2020
Touro Law Center
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Touro Law Review
No abstract provided.
How Actions Affirm: Reflections On The Question Of Affirmative Action,
2020
University of Haifa, Israel
How Actions Affirm: Reflections On The Question Of Affirmative Action, Doron Menashe
Touro Law Review
No abstract provided.
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology,
2020
Touro Law Center
In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review
No abstract provided.
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement,
2020
Touro Law Center
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
Our Criminal Justice System Is A Bear Trap,
2020
Touro Law Center
Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confession Obsession: How To Protect Minors In Interrogations,
2020
Touro Law Center
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice,
2020
Touro Law Center
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Remorse, Not Race: Essence Of Parole Release?,
2020
Touro Law Center
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Ethnicity
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?,
2020
Touro Law Center
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem,
2020
Touro Law Center
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction,
2020
Touro Law Center
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Distributive Justice And Rural America,
2020
University of South Carolina - Columbia
Distributive Justice And Rural America, Ann M. Eisenberg
Faculty Publications
Today’s discourse on struggling rural communities insists they are “dying” or “forgotten.” Many point to globalization and automation as the culprits that made livelihoods in agriculture, natural resource extraction, and manufacturing obsolete, fueling social problems such as the opioid crisis. This narrative fails to offer a path forward; the status quo is no one’s fault, and this “natural” rural death inspires mourning rather than resuscitation. This Article offers a more illuminating account of the rural story, told through the lens of distributive justice principles. The Article argues that rural communities have not just “died.” They were sacrificed. Specifically, distributive justice …
Snap Removal: Concept; Cause; Cacophony; And Cure,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure
Scholarly Works
So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.
Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending …
International Law And Theories Of Global Justice,
2020
University of Michigan Law School
International Law And Theories Of Global Justice, Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song, James Stewart
Georgetown Law Faculty Publications and Other Works
International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines …
Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law,
2020
Western New England University School of Law
Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller
Faculty Scholarship
How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence,
2020
St. Mary's University School of Law
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone
St. Mary's Law Journal
Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …
