This Article considers, from the standpoint of corrective justice, Gary Schwartz's suggestion that tort law should be understood through a mixed theory that affirms both corrective justice and deterrence. When corrective justice and deterrence are...
The Fifth Amendment's Just Compensation Clause is a revealing reflection of the Framers' vigilance in preserving property rights and maintaining a balance of power between citizen and state, especially in the specific context of eminent domain. The...
In this Comment, Jennifer Walwyn examines California Penal Code section 12022.53 and the controversy among the California Courts of Appeal surrounding the vicarious application of firearm sentence enhancements to aiders and abettors of gang crime...
Last year, Lawrence Lessig delivered the fifteenth Melville B. Nimmer Memorial Lecture, in which he invoked Professor Nimmer's concern with the balance between copyright protection and the First Amendment right of free speech.' Lessig addressed the...
This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later...
During its last term, the U.S. Supreme Court reaffirmed its approval of mandatory arbitration in Circuit City Stores, Inc. v. Adams and Green Tree Financial Corp.-Alabama v. Randolph. The 5-4 votes in these decisions show, however, that this public...