Part of the Law Commons This Article is brought to you for free and open access by Institutional ... more Part of the Law Commons This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Business Law Review by an authorized administrator of Institutional Repository. For more information, please contact library@law.miami.edu.
(Excerpt) The 1991 CRA, then, held great promise when it responded to the provocation of Price Wa... more (Excerpt) The 1991 CRA, then, held great promise when it responded to the provocation of Price Waterhouse v. Hopkins to address a larger problem—the problem that Francis Vaas identified in 1966. However, the often-invoked canon of statutory construction—start and stop with the text unless it is necessary to go to the legislative history to figure out what an ambiguous text means—has been tossed to the side, and the contextual history of overruling Price Waterhouse has been invoked by normally textualist judges who refuse to believe that Congress actually meant what it wrote. It is upon that sobering reality that we must reflect, even as we celebrate Title VII’s achievements over the last half century
I. Introduction The Americans with Disabilities Act (ADA) ushered in what is a Third Reconstructi... more I. Introduction The Americans with Disabilities Act (ADA) ushered in what is a Third Reconstruction1 in the civil rights history of America.2 However, like the earlier periods of Reconstruction, the ADA period has been a time of struggle for those seeking to vindicate their newly recognized and hard-won rights, particularly in the employment arena. A significant impediment is a popular perception that the ADA is a contemporary WPA for plaintiffs and their lawyers.3 In her recently published landmark study, Professor Ruth Colker refutes the popular perception "of the ADA as a windfall for plaintiffs" through stark statistics.4 Those statistics reveal proemployer outcomes in 93% of the ADA cases reported from the U.S. District Courts and in 84% of appeals taken from those cases.5 In an effort to explain these startling results, she posits the view that overwhelmingly pro-defendant outcomes are primarily the result of too few cases reaching juries because United States distri...
Abstract The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very N... more Abstract The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms” This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about law schools of the future : “Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.” This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education, particularly in producing “synergies of convergence” in applying technology to educational activities that I predict will make the future law school no longer a place, but rather, a platform, unfettered by the bonds of time and physical space
Doctors are taking their frustrations about the costs of medical malpractice insurance premiums t... more Doctors are taking their frustrations about the costs of medical malpractice insurance premiums to the street; striking and even leaving certain states where premiums are higher have been staples of the news in the last year. Politicians are responding by shifting the blame to the “tort” system, which they characterize as dominated by “greedy” trial lawyers (with the implicit accusation that the lawyers are bringing unfounded claims against “good” doctors) and “runaway” juries (with the implicit assertion that juries render plaintiffs’ verdicts in unfounded cases and give away the insurer’s money with abandon through unjustifiably generous damages awards). The “bad actor” in the shared visions of many doctors and politicians is the civil legal system itself—and the “reforms” that are being touted (such as damages caps) are blunt instruments designed, it seems, to disable the ability of the legal system to adjudicate medical malpractice claims. To the extent that the civil legal syst...
Multi-national enterprises (MNEs) have provided substantial sponsorship for the Sochi Winter Olym... more Multi-national enterprises (MNEs) have provided substantial sponsorship for the Sochi Winter Olympic Games despite a host-country government that has recently enacted stunningly harsh legislation aimed at the Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) communities within Russia. This is a Corporate Social Responsibility (CSR) problem. Should Europe address it through voluntary corporate compliance, Europe’s historically preferred mode of promoting CSR? Or should Europe reconsider whether it can more effectively promote CSR compliance legislatively – and if so, by what kind of legislation? To honor the explicit and increased protections of human rights against sexual orientation discrimination in the Treaty of Amsterdam and the Charter of Fundamental Human Rights, more than voluntary, good intentions are needed. Particularly since the United States has effectively bowed out of enforcing CSR through the American federal courts, there now exists a regulatory lacuna that t...
Page 1. ARTICLES REQUIEM FOR A HEAVYWEIGHT: COSTA AS COUNTERMONUMENT TO MCDONNELL DOUGLAS—A COUNT... more Page 1. ARTICLES REQUIEM FOR A HEAVYWEIGHT: COSTA AS COUNTERMONUMENT TO MCDONNELL DOUGLAS—A COUNTERMEMORY REPLY TO INSTRUMENTALISM Jeffrey A. Van Detta* I. Introduction Recently ...
Page 1. From the SelectedWorks of Jeffrey A. Van Detta January 2009 THE DECLINE AND FALL OF THE A... more Page 1. From the SelectedWorks of Jeffrey A. Van Detta January 2009 THE DECLINE AND FALL OF THE AMERICAN JUDICIAL OPINION: BACK TO THE FUTURE FROM THE ROBERTS COURT TO LEARNED HAND ...
Page 1. From the SelectedWorks of Jeffrey A. Van Detta August 2009 RE-THINKING LIABILITY FOR VACC... more Page 1. From the SelectedWorks of Jeffrey A. Van Detta August 2009 RE-THINKING LIABILITY FOR VACCINE INJURY ...
Part of the Law Commons This Article is brought to you for free and open access by Institutional ... more Part of the Law Commons This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Business Law Review by an authorized administrator of Institutional Repository. For more information, please contact library@law.miami.edu.
(Excerpt) The 1991 CRA, then, held great promise when it responded to the provocation of Price Wa... more (Excerpt) The 1991 CRA, then, held great promise when it responded to the provocation of Price Waterhouse v. Hopkins to address a larger problem—the problem that Francis Vaas identified in 1966. However, the often-invoked canon of statutory construction—start and stop with the text unless it is necessary to go to the legislative history to figure out what an ambiguous text means—has been tossed to the side, and the contextual history of overruling Price Waterhouse has been invoked by normally textualist judges who refuse to believe that Congress actually meant what it wrote. It is upon that sobering reality that we must reflect, even as we celebrate Title VII’s achievements over the last half century
I. Introduction The Americans with Disabilities Act (ADA) ushered in what is a Third Reconstructi... more I. Introduction The Americans with Disabilities Act (ADA) ushered in what is a Third Reconstruction1 in the civil rights history of America.2 However, like the earlier periods of Reconstruction, the ADA period has been a time of struggle for those seeking to vindicate their newly recognized and hard-won rights, particularly in the employment arena. A significant impediment is a popular perception that the ADA is a contemporary WPA for plaintiffs and their lawyers.3 In her recently published landmark study, Professor Ruth Colker refutes the popular perception "of the ADA as a windfall for plaintiffs" through stark statistics.4 Those statistics reveal proemployer outcomes in 93% of the ADA cases reported from the U.S. District Courts and in 84% of appeals taken from those cases.5 In an effort to explain these startling results, she posits the view that overwhelmingly pro-defendant outcomes are primarily the result of too few cases reaching juries because United States distri...
Abstract The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very N... more Abstract The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms” This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about law schools of the future : “Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.” This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education, particularly in producing “synergies of convergence” in applying technology to educational activities that I predict will make the future law school no longer a place, but rather, a platform, unfettered by the bonds of time and physical space
Doctors are taking their frustrations about the costs of medical malpractice insurance premiums t... more Doctors are taking their frustrations about the costs of medical malpractice insurance premiums to the street; striking and even leaving certain states where premiums are higher have been staples of the news in the last year. Politicians are responding by shifting the blame to the “tort” system, which they characterize as dominated by “greedy” trial lawyers (with the implicit accusation that the lawyers are bringing unfounded claims against “good” doctors) and “runaway” juries (with the implicit assertion that juries render plaintiffs’ verdicts in unfounded cases and give away the insurer’s money with abandon through unjustifiably generous damages awards). The “bad actor” in the shared visions of many doctors and politicians is the civil legal system itself—and the “reforms” that are being touted (such as damages caps) are blunt instruments designed, it seems, to disable the ability of the legal system to adjudicate medical malpractice claims. To the extent that the civil legal syst...
Multi-national enterprises (MNEs) have provided substantial sponsorship for the Sochi Winter Olym... more Multi-national enterprises (MNEs) have provided substantial sponsorship for the Sochi Winter Olympic Games despite a host-country government that has recently enacted stunningly harsh legislation aimed at the Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) communities within Russia. This is a Corporate Social Responsibility (CSR) problem. Should Europe address it through voluntary corporate compliance, Europe’s historically preferred mode of promoting CSR? Or should Europe reconsider whether it can more effectively promote CSR compliance legislatively – and if so, by what kind of legislation? To honor the explicit and increased protections of human rights against sexual orientation discrimination in the Treaty of Amsterdam and the Charter of Fundamental Human Rights, more than voluntary, good intentions are needed. Particularly since the United States has effectively bowed out of enforcing CSR through the American federal courts, there now exists a regulatory lacuna that t...
Page 1. ARTICLES REQUIEM FOR A HEAVYWEIGHT: COSTA AS COUNTERMONUMENT TO MCDONNELL DOUGLAS—A COUNT... more Page 1. ARTICLES REQUIEM FOR A HEAVYWEIGHT: COSTA AS COUNTERMONUMENT TO MCDONNELL DOUGLAS—A COUNTERMEMORY REPLY TO INSTRUMENTALISM Jeffrey A. Van Detta* I. Introduction Recently ...
Page 1. From the SelectedWorks of Jeffrey A. Van Detta January 2009 THE DECLINE AND FALL OF THE A... more Page 1. From the SelectedWorks of Jeffrey A. Van Detta January 2009 THE DECLINE AND FALL OF THE AMERICAN JUDICIAL OPINION: BACK TO THE FUTURE FROM THE ROBERTS COURT TO LEARNED HAND ...
Page 1. From the SelectedWorks of Jeffrey A. Van Detta August 2009 RE-THINKING LIABILITY FOR VACC... more Page 1. From the SelectedWorks of Jeffrey A. Van Detta August 2009 RE-THINKING LIABILITY FOR VACCINE INJURY ...
Uploads
Papers by Jeffrey Van Detta