Recently added articles from Michigan Law Review:
Negligence and insufficient activity: the missing paradigm in torts.
Dec 01, 2009; ... Conventional wisdom in tort law maintains that the prevention of undesirable risks mandates restriction of harmful conduct. Against this widely held conviction, this Article shows that undesirable risks often stem from insufficient, rather than excessive, activity. Because negligence ...
Shareholder compensation as dividend.
Dec 01, 2009; ... This Article questions the prevailing view that securities-fraud actions suffer from a circularity problem. Because shareholder plaintiffs are owners of the defendant corporation, it is commonly argued that shareholder compensation is a payment from shareholders to themselves with ...
Law's expressive value in combating cyber gender harassment.
Dec 01, 2009; ... The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women's home addresses ...
Evaluating punishment in purgatory: the need to separate pretrial detainees' conditions-of-confinement claims from inadequate Eighth Amendment analysis.
Dec 01, 2009; ... The Due Process Clause prohibits all "punishment" of pretrial detainees--individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of "cruel and unusual punishments" upon convicted individuals. Despite the Supreme ...
"Once victim, always victim": compensated individuals under the amended sentencing guidelines on fraud.
Dec 01, 2009; ... Until recently, courts disagreed over whether individuals who were compensated by a third party such as a bank or insurance company ought to count as victims for purposes of the multiple-victim sentencing enhancement in the Federal Sentencing Guidelines on Fraud. The most recent Amendments ...