Who Pays in the End for Injury Compensation - Reflections on Wealth Transfers from the Innocent

This Article recognizes that the people who actually pay for tort judgments are generally not the wrongdoers, but the enterprises that have employed or insured the tortfeasors, or purveyed the faulty products. The enterprises then recover their expenditures by charging higher prices to their consumers, or by reducing the benefits that they confer on investors, workers, and the general public. The consumers, the workers, the public, and the investors are the innocent human beings who contribute to paying for tort judgments. This Article addresses what kinds of losses justify forcing the innocent to contribute, and suggests reforms that seem to balance more beneficially the welfare of injury victims and the welfare of innocent contributors

The Law Farm - 1984

Extracts from an address delivered to the Southeastern Conference of Law Schools at Charlottesville, Virginia, August 23 1971, by Professor Conard, President of the Association of American Law Schools. To address this Southeastern Conference of Law Schools in Charlottesville imposes a responsibility which is unique in my experience. Hovering over this campus is the spirit of the fathers of the Declaration of Independence and the Constitution of the United States... We have been engaged today in the consideration of the provocative models of a two-year curriculu, and a clinical third year. We have probably fallen into the old rut of asking ourselves whether we would rather have had these alternatives latst year than the program which we actually conducted. This is the usual retrospective response to reform proposals. But if we were to take a leaf from the lives fo Jefferson and Madison, we would probably have approached the problem from quite a different viewpoint. Wewould ask what kind of a law school we would like to have 50 or 100 years from now, and then inquire what kind of structures would move us in this direction

The Roles of Lawbooks

The Michigan Law Review\u27s annual review of books provides us with an informative sample of the recently published books that are available to inform the lawyer\u27s mind. No doubt the sample is biased by the idiosyncracies of the editors\u27 tastes and of the reviewers\u27 receptivity. But these biases are more likely to enhance than to diminish the significance of the selection

Cook and the Corporate Shareholder: A Belated Review of William W. Cook\u27s Publications on Corporations

A Review of A Treatise on the Law of Stock and Stockholders, as Applicable to Railroad, Banking, Insurance, Manufacturing, Commercial, Business, Turnpike, Bridge, Canal, and Other Private Corporations by William W. Coo

Forming a Subsidiary in the European Common Market

The appearance of a new market which is open to free enterprise and contains almost as many customers as the United States has opened immense opportunities to American enterprises, with their unique experience in mass production and mass marketing. General counsel for large American enterprises are confronted with a new need for some understanding of the problems of organizing subsidiary companies in this new market. The present article is written to supply an introduction to the legal factors which bear on solutions of these problems

Letter from the Law Clinic

Are you really going to work in the law clinic? For several months, I heard this question delivered with diverse intonations from the lips of colleagues and friends. It exploded with shocked incredulity from Yves, who believes clinical work is just another avenue of escape - like pass/fail grading - from the rigor of learning the law. (Yves and other personages mentioned here are purely imaginary, and any identification with actual characters, living or dead, would be false and malicious.) It was intoned with a sigh of despond by Moe, who believes that clinics lower the student\u27s sights from what the law ought to be to how to make money out of the law that now is. It was sung in a taunting tone by Geoffrey, who thought that my volunteering two years earlier was a gallant gesture made without any expectation of being called on to perform. It was enclosed in hilarious chuckles by Sandy, who thinks my supervision of students\u27 courtroom procedures - 35 years since my most recent appearance as counsel - is about as useful as Rip Van Winkle showing up to coach Lee Trevino. It was murmured hopefully by Elijah, who longs for a law school dedicated to community service. But the happiest recipient of the news was the dean, whose views of clinical education - whatever they may be - are subordinated to his eagerness to staff the operation