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Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi 2010 Vanderbilt University Law School

Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other types of cases as well. This article critiques the Court’s reliance on the median ratio of punitive to compensatory damages in samples of verdicts to set an upper bound for punitive damages awards. Our critique of the approach draws on the properties of statistical distributions and a new analysis of cases with punitive damages awards. The Court’s conclusion that a ...


Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom as a rhetorical community. Set next to popular depictions of formalism and realism (which live on, despite much criticism), rhetorical alternatives would look at how the law works by exploring the meaning-making process through which the law is constituted as human beings located within particular historical and cultural communities write, read, argue about, and decide legal issues.

Most students recognize the practical benefits of the course in Law & Rhetoric; they conclude that the course helps them become better rhetoricians because they are more aware and adept legal readers and writers, and they believe that better rhetoricians become better lawyers. I think this recognition that better rhetoricians become better lawyers carries with it something ...


Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan

Scholarly Works

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in ...


Book Review: "For The Common Good: Principles Of American Academic Freedom", David S. Tanenhaus 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Book Review: "For The Common Good: Principles Of American Academic Freedom", David S. Tanenhaus

Scholarly Works

No abstract provided.


The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price

Scholarly Works

No abstract provided.


Voting Power Without Responsibility Or Risk--How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights?, Roberta S. Karmel 2010 Brooklyn Law School

Voting Power Without Responsibility Or Risk--How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Governing And Financing Blended Enterprise, Dana Brakman Reiser 2010 Brooklyn Law School

Governing And Financing Blended Enterprise, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden 2010 Brooklyn Law School

Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden

Faculty Scholarship

No abstract provided.


Virtual Territoriality, Edward J. Janger 2010 Brooklyn Law School

Virtual Territoriality, Edward J. Janger

Faculty Scholarship

No abstract provided.


The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron 2010 Brooklyn Law School

The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron

Faculty Scholarship

No abstract provided.


Cooperative Institutions In Cultural Commons, Gregg P. Macey 2010 Brooklyn Law School

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Faculty Scholarship

No abstract provided.


Blame, Praise And The Structure Of Legal Rules, Lawrence Solan 2010 Brooklyn Law School

Blame, Praise And The Structure Of Legal Rules, Lawrence Solan

Faculty Scholarship

No abstract provided.


The Interpretation-Construction Distinction, Lawrence B. Solum 2010 Georgetown University Law Center

The Interpretation-Construction Distinction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!

The basic idea can be explained by distinguishing ...


Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman 2010 FIU College of Law

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman

Faculty Publications

Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, a ...


Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, Anthony S. Niedwiecki 2010 Golden Gate University School of Law

Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, Anthony S. Niedwiecki

Publications

In memoriam.


Globetrotting Law Firms, Jayanth K. Krishnan 2010 Indiana University Maurer School of Law

Globetrotting Law Firms, Jayanth K. Krishnan

Articles by Maurer Faculty

Despite the current financial crisis, prestigious American and British law firms continue to maintain a presence in Continental Europe, Latin America, and China. Yet, in one economically fertile, democratic country - India - such global legal powerhouses are scarcely found. This study seeks to understand empirically why there is a general absence of these and other foreign law firms practicing in India. Based on fieldwork and compiled interview data of lawyers, judges, government officials, activists, and clients from India, the United States, and Britain - the latter two being the foreign countries most interested in gaining access to the Indian legal market - I ...


The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan 2010 Indiana University Maurer School of Law

The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan

Articles by Maurer Faculty

This pilot study evaluates the effectiveness of law firms entering into joint ventures, an increasingly eyed business model particularly by American and British lawyers seeking to expand into promising financial markets. One country at the center of the joint venture experiment has been Singapore. With the strong encouragement of the Singaporean government (which has long embraced foreign investment), various elite law firms from the United States and Britain have been partnering with domestic Singaporean law firms for over the past decade. Because these foreign firms were traditionally barred from practicing Singaporean law on their own, the ‘joint law venture,’ or ...


Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman 2010 Florida International University College of Law

Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman

Faculty Publications

No abstract provided.


The 'Next Friends' Suit: Mary Baker Eddy And The Church Of Christ Scientist, On Trial, Lorin Geitner 2009 Chapman University

The 'Next Friends' Suit: Mary Baker Eddy And The Church Of Christ Scientist, On Trial, Lorin Geitner

Lorin C. Geitner

An examination of the competency trial of Mary Baker Eddy, and its subsequent effects and consequences.


Foreward (Centennial Issue Of The Oklahoma Law Review), Andrew Coats 2009 University of Oklahoma College of Law

Foreward (Centennial Issue Of The Oklahoma Law Review), Andrew Coats

Andrew M. Coats

No abstract provided.


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