Tag Archives: Rethinking

Rethinking Tort Liability for Suicides

Alex B. Long, Abolishing the Suicide Rule, 113 N. W. U. L.Rev.767 (2019). Mark Geistfeld Suicide has become an important public-health problem, leading Alex Long to revisit the unduly neglected question of whether tort law should recognize wrongful-death actions for … Continue reading

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Paper – Rethinking the Efficiency of the Common Law

Sokol, D. Daniel, Rethinking the Efficiency of the Common Law (February 3, 2019). Notre Dame Law Review, forthcoming 2020; University of Florida Levin College of Law Research Paper No. 19-14. Available at SSRN: https://ssrn.com/abstract=3328025 or http://dx.doi.org/10.2139/ssrn.3328025 “This Article shows how … Continue reading

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Rethinking Federalism: ACA as a Case Study

Abbe R. Gluck & Nicole Huberfeld, What is Federalism in Healthcare For?, 70 Stan. L. Rev. 1689 (2018). Jessica Lind Mantel Although federalism rhetoric has played a central role in debates over the Affordable Care Act (ACA), there has been … Continue reading

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Rethinking the Efficiency of the Common Law

D. Daniel Sokol (University of Florida) is Rethinking the Efficiency of the Common Law. ABSTRACT: This Article shows how Posner and other scholars who claimed that common law was efficient misunderstood the structure of common law. If common law was… … Continue reading

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Rethinking ADA standing – web access cases are pointing the way.

The Supreme Court has said that before a plaintiff can file suit in federal court he or she must have suffered a “concrete and particularized” injury. The requirement is constitutional and comes from the case and controversy clause in Article … Continue reading

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