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Deodand, Brian L. Frye 2021 University of Kentucky College of Law

Deodand, Brian L. Frye

Seattle University Law Review SUpra

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance ...


The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman 2021 NYU School of Law

The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman

Chicago-Kent Law Review

No abstract provided.


Injuries To Third Parties Arising From Oil & Gas Operations: An Analytical Framework For Examining Indemnity And Additional Insured Issues, Patrick S. Gerald, Holly B. Williams 2021 Turner & Davis

Injuries To Third Parties Arising From Oil & Gas Operations: An Analytical Framework For Examining Indemnity And Additional Insured Issues, Patrick S. Gerald, Holly B. Williams

Journal of Natural Resources & Environmental Law

No abstract provided.


The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati 2021 McGuire Woods LLP

The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati

Boston College Law Review

The traditional framework of United States private law that every first-year student learns is that contracts and torts are different realms—contracts is the realm of strict liability and torts of fault. Contracts, we learn from the writings of Justice Holmes and Judge Posner, are best viewed as options; they give parties the option to perform or pay damages. The question we ask is whether, in the real world, that is indeed how contracting parties view things. Using a dataset made up of one thousand mergers and acquisitions (M&A) contracts and thirty in-depth interviews with M&A lawyers, we ...


Brief Of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, And David A., Skeel, Supporting Petitioners, David Forte, Elizabeth A. Clark, Robert F. Cochran Jr., Carl H. Esbeck, Richard W. Garnett, Christopher C. Lund, Michael W. McConnell, Michael P. Moreland, Robert J. Pushaw, David A. Skeel 2021 Cleveland-Marshall College of Law, Cleveland State University

Brief Of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, And David A., Skeel, Supporting Petitioners, David Forte, Elizabeth A. Clark, Robert F. Cochran Jr., Carl H. Esbeck, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, David A. Skeel

Law Faculty Briefs and Court Documents

The case concerns the "church autonomy doctrine" based on the Free Exercise Clause of the First Amendment, which declares that courts may not inquire into matters of church government or into disputes of faith and doctrine. Will McRaney was fired from a leadership position in the Southern Baptist Convention because of a conflict over policies relating to the expansion of the Baptist faith. He sued the Southern Baptist Convention in tort.

The district court dismissed the suit on the grounds of the church autonomy doctrine. The Fifth Circuit reversed the district court's dismissal as "premature," asserting that there were ...


Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel 2021 Shook, Hardy & Bacon, LLP

Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel

University of Cincinnati Law Review

No abstract provided.


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


Valuing Black And Female Lives: A Proposal For Incorporating Agency Vsl Into Tort Damages, Catherine M. Sharkey 2021 Segal Family Professor of Regulatory Law and Policy, New York University School of Law

Valuing Black And Female Lives: A Proposal For Incorporating Agency Vsl Into Tort Damages, Catherine M. Sharkey

Notre Dame Law Review

Federal agencies adopt a uniform VSL (value of statistical life)—one that does not vary according to demographic characteristics—in conducting cost-benefit analyses in connection with regulatory policy decisions. In sharp juxtaposition, the use of race- and gender-based statistics on wages and work-life expectancy in calculating tort wrongful death damage awards is an entrenched practice among forensic economists who serve as expert witnesses in tort litigation. The conventional use of race- and gender-specific economic data concerning wages and work-life expectancy in calculating tort damages leads to unjustifiable disparities in awards for blacks and women. Young female and minority tort victims ...


Strict Liability And Sick Building Syndrome: Defining A Building As A Product Under Restatement (Second) Of Torts, Section 402a, David Reisman 2021 Greenebaum Doll & McDonald

Strict Liability And Sick Building Syndrome: Defining A Building As A Product Under Restatement (Second) Of Torts, Section 402a, David Reisman

Journal of Natural Resources & Environmental Law

No abstract provided.


Climate Torts: It’S A Conspiracy!, Joseph Manning 2021 Boston College Law School

Climate Torts: It’S A Conspiracy!, Joseph Manning

Boston College Law Review

As public concern about climate change grows, so does frustration with the federal government’s inability to develop a strategy for reducing greenhouse gas emission. Consequently, in the past decade, multiple states and municipalities have filed lawsuits seeking to address climate change through common law claims, such as public nuisance. Courts, however, dismissed many of these suits because the Supreme Court held in 2011, in American Electric Power Company v. Connecticut, that the Clean Air Act governs greenhouse gas emissions and therefore displaces the common law as a cause of action. Despite this unfavorable precedent, the past three years produced ...


Sara's Offspring: Some First Principles For Superfund Reform In The 1990s, Robert F. Blomquist 2021 Valparaiso University

Sara's Offspring: Some First Principles For Superfund Reform In The 1990s, Robert F. Blomquist

Journal of Natural Resources & Environmental Law

No abstract provided.


How To Save The National Priorities List From The D.C. Circuit--And Itself, John S. Applegate 2021 University of Cincinnati

How To Save The National Priorities List From The D.C. Circuit--And Itself, John S. Applegate

Journal of Natural Resources & Environmental Law

No abstract provided.


After 3550 Stevens Creek Associates V. Barclays Bank: Will Response Costs For Asbestos Removal Be Permitted Under Cercla?, Jennifer G. Marwitz 2021 University of Kentucky

After 3550 Stevens Creek Associates V. Barclays Bank: Will Response Costs For Asbestos Removal Be Permitted Under Cercla?, Jennifer G. Marwitz

Journal of Natural Resources & Environmental Law

No abstract provided.


The Challenge Of Latent Physical Effects Of Toxic Substances: The Next Step In The Evolution Of Toxic Torts, Kathleen A. O'Nan 2021 University of Kentucky

The Challenge Of Latent Physical Effects Of Toxic Substances: The Next Step In The Evolution Of Toxic Torts, Kathleen A. O'Nan

Journal of Natural Resources & Environmental Law

No abstract provided.


Kentucky's New Nuisance Statute, John S. Palmore 2021 Jackson & Kelly

Kentucky's New Nuisance Statute, John S. Palmore

Journal of Natural Resources & Environmental Law

No abstract provided.


The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David McClure 2021 William S. Boyd School of Law

The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure

Cleveland State Law Review

This Article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this Article, we offer a narrative discussion of key variables, and we detail the results of our logistic regression analysis. The most salient predictive variable ...


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