Valparaiso University law review. Valparaiso University. School of Law最新文献_第2页

Good Faith in Contract 合同诚信

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2011-01-01 DOI: 10.4135/9781483326573.n649

B. J. Reitier

引用次数: 4

Gerald T. Dunne, Justice Joseph Story and the Rise of the Supreme Court 《约瑟夫·斯托里法官与最高法院的兴起》

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2011-01-01 DOI: 10.1086/ahr/78.1.159-a

Robert H. Duesenberg

引用次数: 1

Robert M. O'Neil, The Price of Dependency: Civil Liberties in the Welfare State 罗伯特·m·奥尼尔:《依赖的代价:福利国家的公民自由》

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2011-01-01 DOI: 10.2307/1339577

Ivan E. Bodensteiner

引用次数: 0

Monetary Remedies for Victims During Illinois Criminal Cases 伊利诺伊州刑事案件中受害人的金钱救济

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2009-05-19 DOI: 10.2139/SSRN.1407241

Jeffrey A. Parness, Laura J. Lee, Karen L. Blouin

{"title":"Monetary Remedies for Victims During Illinois Criminal Cases","authors":"Jeffrey A. Parness, Laura J. Lee, Karen L. Blouin","doi":"10.2139/SSRN.1407241","DOIUrl":"https://doi.org/10.2139/SSRN.1407241","url":null,"abstract":"The Illinois Crime Victim's Rights Amendment, added to the Illinois Constitution by the legislature and the voters in 1992, includes a 'right to restitution'. The amendment spurred some new legislation, now within the Rights of Crime Victims and Witnesses Act. But most crime victims still have little chance for restitution or other monetary remedies during criminal cases. Other remedies include recoveries from a state fund guided by the Crime Victims Compensation Act and recoveries ordered at sentencing under the Unified Code of Corrections Act. The paper first examines the Illinois constitutional right to restitution and the three separate acts recognizing possible monetary remedies for crime victims during criminal cases. Upon concluding that the constitutional right to restitution has not been adequately implemented by the legislature or the courts, the paper looks to other American state approaches to crime victim recoveries. For Illinois it proposes that the three acts be combined into a single statutory scheme, organized by the stages in a criminal case. Integrated provisions would held better secure the goal of enhanced recoveries by crime victims established by the overwhelming majorities of constitutional amendment drafters and voters.","PeriodicalId":83444,"journal":{"name":"Valparaiso University law review. Valparaiso University. School of Law","volume":"8 1","pages":"69-92"},"PeriodicalIF":0.0,"publicationDate":"2009-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75472558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Efficient Penalty Clauses with Debiasing: Lessons from Cognitive Psychology. 具有去偏见的有效惩罚条款:来自认知心理学的教训。

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2007-11-09 DOI: 10.2139/SSRN.1029926

Enrico Baffi

{"title":"Efficient Penalty Clauses with Debiasing: Lessons from Cognitive Psychology.","authors":"Enrico Baffi","doi":"10.2139/SSRN.1029926","DOIUrl":"https://doi.org/10.2139/SSRN.1029926","url":null,"abstract":"This paper builds upon the findings of cognitive psychology to revisit the prescriptive solutions proposed in the legal literature with respect to efficient penalty clauses. While refraining from generalizations regarding human behaviour, generalizations that might lead to positions quite removed from reality and in part ideological, as was the case with rational choice theory, the paper instead seeks to distinguish one situation from another in order to identify the existence of decision debiasing mechanisms capable of justifying - in the case of the set of rules in question - hypotheses in which lesser control over the penalty clause would be justified by both Common law and Civil law systems. It may be of interest that this paper makes use of cognitive psychology to expand rather than to restrict contractual freedom. Particular attention was paid to the decisions taken within a firm, in consideration of its hierarchical organization. In this case, the importance of the paper lies in the fact that, whereas psychologists have often underscored the overoptimism of entrepreneurs, these same authors have often demonstrated that there are mechanisms in hierarchical organizations that increase risk aversion. This paper notes that these mechanisms also have an ability to debias decisions. More specifically, the paper emphasizes the importance of the pressure of accountability , personal responsibility, and the outside view of the problem. These three phenomena that characterize the hierarchical organization push it towards choices that are less corrupted by the biases of overoptimism, overconfidence, and illusion of control. It is worth noting that no blanket statement can be made for all firms, because in corporations managers answer to the board of directors, whereas this is not the case with the individual businessman. Finally, it is worth noting that application of cognitive psychology without resorting to generalizations undoubtedly leads, aside from the case in question, to a more moderate paternalism than that supported by some scholars.","PeriodicalId":83444,"journal":{"name":"Valparaiso University law review. Valparaiso University. School of Law","volume":"66 1","pages":"111-135"},"PeriodicalIF":0.0,"publicationDate":"2007-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77774907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Ethical, legal, and social issues in genetic testing for complex genetic diseases. 复杂遗传疾病基因检测中的伦理、法律和社会问题。

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2003-01-01

Lori Andrews, Erin Shaughnessy Zuiker

引用次数: 0

The Rule that Isn't a Rule - the Business Judgment Rule 不是规则的规则——商业判断规则

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2002-11-06 DOI: 10.2139/SSRN.346080

Douglas M. Branson

{"title":"The Rule that Isn't a Rule - the Business Judgment Rule","authors":"Douglas M. Branson","doi":"10.2139/SSRN.346080","DOIUrl":"https://doi.org/10.2139/SSRN.346080","url":null,"abstract":"On a doctrinal basis, few areas of corporate law are more confused then the duty of care applicable to corporate officials and its handmaiden, the business judgment rule. The tendency of many scholars and practitioners has been to collapse the duty of care into the business judgment rule, as Professor Stuart Cohn pointed out more than a decade ago. The business judgment rule is a separate legal construct that is related to, but separate from, the duty of care and one which protects only proactive and not somnambulant directors and officers. The business judgment rule stays at center stage for several reasons. One reason is that the number of instances at which the rule is encountered, ranging from pedestrian business decisions to adoption of takeover defenses and dismissal of derivative litigation, continues to grow. Another is the level of foreign interest in this wholly American invention. Australia has codified a version of the American business judgment rule in its corporation law. Working groups in other nations have expressed interest in doing the same. This article gives a doctrinal schematic for understanding what the business judgment rule is, and what it is not.","PeriodicalId":83444,"journal":{"name":"Valparaiso University law review. Valparaiso University. School of Law","volume":"22 1","pages":"631-654"},"PeriodicalIF":0.0,"publicationDate":"2002-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78723660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 57

Stem cells and the states: promulgating constitutional bans on embryonic experimentation. 干细胞和各州:颁布宪法禁止胚胎实验。

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2002-01-01

Mailee R Harris

引用次数: 0

Telemarketing, Commercial Speech, and Central Hudson: Potential First Amendment Problems for Indiana Code Section 24-4.7 and Other "Do-Not-Call" Legislation 电话营销、商业演讲和中央哈德逊:印第安纳州法典第24-4.7节和其他“不打电话”立法的潜在第一修正案问题

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2002-01-01 DOI: 10.2139/ssrn.3487131

Steven R. Probst

引用次数: 0

Second thoughts: how human cloning can promote human dignity. 再想想:克隆人类如何能提升人类尊严。

Valparaiso University law review. Valparaiso University. School of Law Pub Date : 2000-01-01

R G Wright

引用次数: 0