The Lawlessness of Aggregative Torts
Aggregative torts rely on nontraditional theories of liability in which collective, rather than individual, interests are paramount. All legal rules are to some extent aggregative in that they purport...
View ArticleThe Positive and Normative Puzzle of Decision Rules for Juries: the Example...
All of the decision rules for juries in state courts, deciding civil cases, are what may be characterized as “two way” rules. Whatever consensus is required to secure a favorable verdict applies to all...
View ArticleThe Supreme Court Will Not Overrule Roe v. Wade
The recent confirmation of two purportedly conservative Justices to the Supreme Court has fueled media speculation that the Supreme Court may be “poised to overrule Roe v. Wade.” The speculation has...
View ArticleHenry Lord Brougham and Zeal
In a recent article, Professors Fred Zacharias and Bruce Green undertook to “reconceptualize” advocacy ethics. In the course of that article, they rejected the ethic of zeal, and stated erroneously...
View ArticleMoralizing in Public
Chief Justice Earl Warren once remarked: “In civilized life, law floats in a sea of ethics.” There is, in other words, a foundation of ethical values for the law. In performing our legal duties, we are...
View Article“Play in the Joints Between the Religion Clauses” and Other Supreme Court...
Even when the U.S. Supreme Court reaches the right result in a matter involving church-state relations, the Justices too often do so for the wrong reasons. Cutter v. Wilkinson is illustrative. Decided...
View ArticleThe Gamification of Work
Ender’s Game and its element of attack by a hostile alien species are, thankfully, wholly within the realm of science fiction. However, the idea that people could be working while they play a video...
View ArticleThe U.S. Supreme Court Upholds the Health Care Reform Law: What’s Next for...
In March of 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (commonly referred to as the health care reform law and hereinafter as the “Affordable Care Act”...
View ArticleThe Flood: Political Economy and Disaster
As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling...
View ArticleAmeliorating Lethal Injection by Using Bispectral Index Monitoring of Inmates...
As compared to hanging, firing squad, electrocution, or lethal gas, death by lethal injection appears more humane and painless because it mimics medical anesthesia. Drugs are even manufactured to...
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