Time Machine: Emma’s Legal Education Article
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Paul Boudreaux, Time Machine: Emma’s Legal Education, 59 J. Legal Educ. 454 (2010)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Time Machine: Emma’s Legal Education, 59 J. Legal Educ. 454 (2010)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, The Future of Elder Law Practice, 37 Wm. Mitchell L. Rev. 1 (2010)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman and Coleen M. Barger, The ALWD Companion: A Citation Practice Book (Aspen Publishers, 2010)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman and Coleen M. Barger, Teacher’s Manual, The ALWD Companion: A Citation Practice Book (Aspen Publishers, 2010)Clicking on the button will copy the full recommended citation.
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Marco Jimenez, The Many Faces of Promissory Estoppel: An Empirical Analysis Under the Restatement (Second) of Contracts, 57 UCLA L. Rev. 669 (2010)Clicking on the button will copy the full recommended citation.
This Article examines more than three hundred promissory estoppel cases decided between January 1, 1981, when the Restatement (Second) of Contracts was published, and January 1, 2008, when research for this project began, to explore the manner in which courts conceptualize, decide, and enforce promissory estoppel claims under § 90 of the Restatement (Second) of Contracts. Specifically, because the drafters of the Restatement (Second) made several important changes to § 90 of the Restatement (First) with the intent of making promissory estoppel more available, the role of reliance more prominent, and the remedies awarded to successful litigants more flexible, this Article investigates whether these changes have had their desired effect on promissory estoppel doctrine as reflected in the case law.
The research presented here can be interpreted to support three major claims. First, these data suggest that promissory estoppel is a much more significant theory of promissory recovery than has been previously thought and seems positioned to continue to grow in importance in the coming decades. Second, the data reveal that promissory estoppel cannot be understood exclusively in terms of “promise” or “reliance,” as some scholars and judges have suggested. Instead, the data reveal that most judges require the existence of both promise and reliance before allowing a promissory estoppel claim to proceed, although surprisingly few judges require a plaintiff to show that the equitable principle of “justice” has been satisfied. Last, and most significantly, these data reveal that, with respect to remedies, courts tend to treat promissory estoppel actions as traditional breach of contract actions, in that courts generally tend to award the (usually) more generous expectation measure of damages, which is typical in ordinary breach of contract actions, over the (usually) less generous reliance measure of damages, which is often awarded where non-contractual obligations have been breached (such as in tort law). However, by replacing these conceptual labels (such as “expectation” and “reliance” damages) with a more functional classificatory scheme capturing whether a promissory estoppel plaintiff has obtained the highest recovery available under any other theory of promissory recovery, including a “traditional” breach of contract action, this Article argues that the extent to which courts have treated promissory estoppel claims as fully contractual has been underappreciated.
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Joseph F. Morrissey, Introduction, The Transformative Power of Law, 39 Stetson L. Rev. 625 (2010)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Terrorism and Universal Jurisdiction: Opening a Pandora’s Box, 27 Ga. St. U. L. Rev. 339 (2010)Clicking on the button will copy the full recommended citation.
In the wake of the terrorist attacks of September 11, 2001, a compelling legal debate has arisen pertaining to whether terrorism is an international crime or a transnational crime, and if and in what context actors and acts, to which we affix the label of terrorist and terrorism, should or can be subject to the jurisdiction of the International Criminal Court and other criminal tribunals having universal jurisdiction. Some legal scholars believe terrorists acts should be subject to universal jurisdiction, while others believe that elevating terrorism to the same level of universally-recognized extreme crimes elicits several concerns. This article examines both sides of the debate and presents arguments that terrorism should remain outside the framework of universal jurisdiction.
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Royal C. Gardner, International Environmental Law, 44 Int'l Law. 503 (2010)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Extending the Vision: An Empowerment Identity Approach to Work-Family Regulation as Applied to School Involvement Leave Statutes, 16 Wm. & Mary J. Women & L. 613 (2010)Clicking on the button will copy the full recommended citation.
Using school leave legislation as the focus for analysis, this article proposes 'empowerment identity' approach to work-family legislation as an alternative or complement to the commonly used accomodation and antidiscrimination approaches. In many households, working parents struggle to meet routine demands of parenting, such as caring for a sick child or attending a child's school activity. Interestingly, one of the most common forms of state-level legislation designed to address the routine demands of parenting is school involvement leave legislation. Although state school involvement leave statutes vary widely in how and for what reasons they permit time away from work for parents to attend a child's school functions, they represent the common view that the purpose of work-family legislation is to (1) accomodate episodic parenting needs when those needs interfere with work obligations or (2) prohibit discrimination by an employer when a worker-parent requires time away from work to attend to those caregiving needs.
After analyzing exisiting school involvement leave legislation and demonstrating that this legislation takes both accomodation and antidiscrimination approaches to regulating school involvement leave, this article suggests that an alternative approach to critiquing and crafting work-family legislation, particularly school involvement leave legislation, is the empowerment identity approach. An empowerment identity apprach, adapted from organizational communication theory, frames legislation as a discursive structure in which worker-parents should be empowered to construct individualized worker-parent identities through language related action. Accordingly, after explaining the empowerment identity approach, this article concludes that school involvement leave statutes, fall short of full empowerment but have the potential to empower parents to accomplish plural, individualized, and authentic identities as both worker-parents and as important stewards of their children's educations.
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Ellen S. Podgor et al., 3Mastering Criminal Procedure, Volume 1: The Investigative Stage (1st ed., Carolina Academic Press, 2010)Clicking on the button will copy the full recommended citation.