Virginia Law Review最新文献_第3页

Toward a Controlling Shareholder Safe Harbor 迈向控股股东的安全港

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-12-01 DOI: 10.2307/1515644

Steve Haas

引用次数: 7

Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-theories 普通法披露义务与不作为之罪:元理论检验

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-11-01 DOI: 10.2139/SSRN.614501

K. Krawiec, K. Zeiler

{"title":"Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-theories","authors":"K. Krawiec, K. Zeiler","doi":"10.2139/SSRN.614501","DOIUrl":"https://doi.org/10.2139/SSRN.614501","url":null,"abstract":"Since ancient times, legal scholars have explored the vexing question of when and what a contracting party must disclose to her counterparty, even in the absence of explicit misleading statements. This fascination has culminated in a set of claims regarding which factors drive courts to impose disclosure duties on informed parties. Most of these claims are based on analysis of a small number of non-randomly selected cases and have not been tested systematically. This article represents the first attempt to systematically test a number of these claims using data coded from 466 case decisions spanning over a wide array of jurisdictions and covering over 200 years. The results are mixed. In some cases it appears that conventional wisdom is correct. For example, our data support the claim that courts are more likely to require disclosure of latent, as opposed to patent, defects. In addition, courts are more likely to require full disclosure between parties in a fiduciary or confidential relationship. On the other hand, our results cast doubt on much of the conventional wisdom regarding the law of fraudulent silence. Indeed, our results challenge ten of the most prominent theories that have been asserted to explain when courts will require disclosure. We find that courts are no more likely to impose disclosure duties when the information is casually acquired as opposed to deliberately acquired and that unequal access to information by the contracting parties is not a significant factor that drives courts to require disclosure. We do find, however, that when these two factors are present simultaneously courts are significantly more likely to force disclosure. Perhaps most interestingly, although it is generally understood that courts have become more likely to impose disclosure duties over time, we find that courts actually have become less likely to require disclosure over time.","PeriodicalId":47840,"journal":{"name":"Virginia Law Review","volume":"91 1","pages":"1705"},"PeriodicalIF":2.6,"publicationDate":"2004-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67775770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 12

The Limited Domain of the Law 法律的有限领域

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-11-01 DOI: 10.2307/1515650

F. Schauer

引用次数: 45

A Law and Norms Critique of the Constitutional Law of Defamation 宪法诽谤法的法律与规范批判

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-11-01 DOI: 10.2307/1515652

M. Passaportis

{"title":"A Law and Norms Critique of the Constitutional Law of Defamation","authors":"M. Passaportis","doi":"10.2307/1515652","DOIUrl":"https://doi.org/10.2307/1515652","url":null,"abstract":"INTRODUCTION................................................................................. 1986 I. COLLECTIVE ACTION PROBLEMS AND RATIONAL CHOICE THEORY....................................................................................... 1988 II. BEHAVIORAL ECONOMICS AND NORMS .................................. 1990 III. ESTEEM, GOSSIP, AND FALSE GOSSIP ...................................... 1994 A. The Negative Externality of False Gossip ......................... 1995 B. Punishment of False Negative Gossip ............................... 2001 IV. THE LAW OF DEFAMATION AND ITS CONSTITUTIONALIZATION ........................................................ 2004 A. Defamation at Common Law............................................. 2005 B. The Constitutional Law of Defamation............................. 2008 V. THE CONSTITUTIONAL LAW OF DEFAMATION AND NORMS . 2013 A. The Problem of Under-Produced Political Speech .......... 2013 B. The Actual Malice Rule and Normative Behavior ........... 2019 VI. THE COMMON LAW VERSUS SULLIVAN FROM A LAW AND ECONOMICS PERSPECTIVE......................................................... 2022 A. The Economics of Strict Liability ...................................... 2022 B. Strict Liability and Defamation.......................................... 2027 C. Was the Common Law of Defamation Efficient? ............ 2032 CONCLUSION..................................................................................... 2038","PeriodicalId":47840,"journal":{"name":"Virginia Law Review","volume":"90 1","pages":"1985"},"PeriodicalIF":2.6,"publicationDate":"2004-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1515652","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68981591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Road Not Taken in Brown: Recognizing the Dual Harm of Segregation 布朗案未走的路:认识到种族隔离的双重危害

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-10-01 DOI: 10.2307/3202405

Kevin D. Brown

引用次数: 0

Time, Change, and the Constitution 时间、变革和宪法

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-10-01 DOI: 10.2307/3202406

John Harrison

引用次数: 1

"Brown" at 50 “布朗”50岁

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-10-01 DOI: 10.2307/3202407

M. Klarman

引用次数: 3

Both Victors and Victims: Prince Edward County, Virginia, the NAACP, and "Brown" 胜利者和受害者:弗吉尼亚州爱德华王子县、全国有色人种协进会和“布朗”

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-10-01 DOI: 10.2307/3202410

K. Turner

引用次数: 8

"Brown," School Choice, and the Suburban Veto 布朗案，择校案，郊区否决案

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-10-01 DOI: 10.2307/3202408

J. Ryan

引用次数: 9

Some Legacies of Brown v. Board of Education 布朗诉教育委员会案的一些遗产

IF 2.6 2区社会学

Virginia Law Review Pub Date : 2004-10-01 DOI: 10.2307/3202411

M. Tushnet

{"title":"Some Legacies of Brown v. Board of Education","authors":"M. Tushnet","doi":"10.2307/3202411","DOIUrl":"https://doi.org/10.2307/3202411","url":null,"abstract":"T HE litigation campaign against segregation that culminated in 1 Brown v. Board of Education' remains an important subject of study. Brown continues to be controversial because Americans remain uncertain about what its substantive commitments were, and, perhaps more important, how those commitments, as we now understand them, fit together with the other values and institutions that provide the structure of contemporary politics. This Essay will follow up on three aspects of the litigation campaign preceding Brown in an effort to show how Brown and its legacy illuminate enduring features of the organization of the U.S. political system. Part I of this Essay will begin with a discussion of the very idea of a litigation strategy. Brown came to exemplify the possibility that lawyers could structure and execute a litigation strategy designed to produce substantial changes in the law. Liberals, and then conservatives, were captivated by the idea of coordinated litigation campaigns, even though the NAACP's legal campaign against segregation, when examined in detail, does little to support the proposition that strategic litigation campaigns matter.2 Part I will continue with an examination of the ways in which later litigation campaigns were modeled on, in modified form, the one that ended (provisionally) with Brown. A litigation campaign can matter only if its outcome-the decisions it generates, the forces in civil society it mobilizes-matters. The second question this Essay will take up is whether Brown matters. Professor Gerald Rosenberg's critique of Supreme Court adjudication as a vehicle for social reform uses the aftermath of","PeriodicalId":47840,"journal":{"name":"Virginia Law Review","volume":"90 1","pages":"1693"},"PeriodicalIF":2.6,"publicationDate":"2004-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/3202411","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69038799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9