Yakima Herald-Republic articles from November 1999

Yakima Herald-Republic archives from November 1999

President's Pages.
November 1, 1999... From the time of our election, the Editorial Board of the Stanford Law Review had the opportunity to plan for a year that promised to be a watershed: the start of the tenure of the first woman to serve as Dean and the much-touted advent of the...

The inherent irrationality of judgment proofing.
November 1, 1999... Liability is "one of only two principal means by which governments enforce law."(1) Yet recent articles in the Yale Law Journal and the Stanford Law Review assert that liability is dying: "The system by which money judgments are enforced is...

The irrefutable logic of judgment proofing: a reply to Professor Schwarcz.(response to article by Steven L. Schwarcz in this issue, p. 1)
November 1, 1999... In The Inherent Irrationality of Judgment Proofing,(1) Professor Steven L. Schwarcz raises interesting new arguments against my death of liability thesis. The sheer number of those arguments makes it impossible for me to respond to all of them....

Judgment proofing, bankruptcy policy, and the dark side of tort liability.(response to article by Steven L. Schwarcz in this issue, p. 1)
November 1, 1999... One need not be an astute student of the law of obligations to appreciate Professor Schwarcz's comprehensive rebuttal of Professor LoPucki's recent articles on judgment proofing.(1) Schwartz argues compellingly that judgment proofing is not...

Judgment proofing: a rejoinder.(response to articles by Lynn M. LoPucki and Charles W. Mooney, Jr. in this issue, p. 55, 73)
November 1, 1999... Professors LoPucki and Mooney have responded to my article, The Inherent Irrationality of Judgment Proofing,(1) and I have been granted the opportunity to write a short rejoinder. Given page limitations and the fact that Professor Mooney and I...

Half-truths: protecting mistaken inferences by investors and others.(securities law)
November 1, 1999... A nice puzzle in the law of fraud has to do with the half-truth--a statement that is literally true but omits some material fact, thereby making it misleading. By all accounts, half-truths are actionable.(1) But exactly why this is so, or how...

A theory of path dependence in corporate ownership and governance.
November 1, 1999... INTRODUCTION Corporate ownership and governance differ among the world's advanced economies. Some countries' corporations are diffusely owned with managers firmly in control, other countries' corporations have concentrated ownership, and...

Not disabled enough: the ADA's "major life activity" definition of disability.(Americans with Disabilities Act)
November 1, 1999... INTRODUCTION The Americans with Disabilities Act(1) ("ADA" or "the Act") states that its primary purpose is "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with...

No-drop prosecution of domestic violence: just good policy, or equal protection mandate?
November 1, 1999... Last night I heard the screaming Loud voices behind the wall Another sleepless night for me It won't do no good to call The police Always come late If they come at all And when they arrive They say...

Evil or Ill? Justifying the Insanity Defense.(Review)
November 1, 1999... EVIL OR ILL? JUSTIFYING THE INSANITY DEFENSE. By Lawrie Reznek.([dagger]) London: Routledge. 1997. 329pp. $24.99. I. RECIPE FOR EXCUSES In Evil or Ill? Justifying The Insanity Defense, psychiatrist and philosopher Lawrie Reznek...