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Fun with Dick and Jane

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0004
Subject:
Law, Philosophy of Law

Feminists and others suspect that there is something troubling about applying the reasonable person standard to women. A group of court cases that involves judging the reasonableness of the behaviour ... More


The Response to Estoppel

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0007
Subject:
Law, Law of Obligations

Estoppel prevents the representor from denying, or going back on, what he said. This is subject to a number of points which arise from the interaction of estoppel with other areas of the law, in ... More


The Development of Estoppel(s)

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0003
Subject:
Law, Law of Obligations

To understand the law of estoppel today, it is necessary to take a brief look at how it has developed. A number of branches or categories of estoppel, with different origins and inconsistent rules, ... More


Parenting as A Sacred Right

Jeffrey Shulman

in The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child

Published in print:
2014
Published Online:
January 2015
ISBN:
9780300191899
eISBN:
9780300206746
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300191899.003.0003
Subject:
Law, Family Law

The right to parent as a matter of constitutional law is especially tenuous. The Supreme Court has on occasion echoed the popular assumption that the right of parents to make decisions concerning the ... More


Assumpsit and the Doctrine of Consideration

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0011
Subject:
Law, Legal History

This chapter examines the establishment of a firm association between the action of assumpsit and the doctrine of consideration in England during the 1560s. This connection was highlighted by the ... More


Commercial Speech in the United States 1900–76

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0011
Subject:
Law, Human Rights and Immigration

This chapter examines the institutional history of constitutional protection for freedom of expression in the United States from 1900 to 1976. The discussion includes the landmark case of Virginia ... More


Commercial Expression in Canada

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0013
Subject:
Law, Human Rights and Immigration

Constitutional protection in the full sense (that is, a right whose enforcement may lead to invalidation of legislation) for freedom of expression in Canada is relatively recent compared with that in ... More


EXPECTATIONS, OUTCOMES, AND FAIRNESS: LESSONS FROM THE CIVIL JUSTICE REFORM ACT EVALUATION

Stephen Carroll and Joseph W. Doherty

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to ... More


A Forum for Every Fuss: The Growth of Court Services and ADR Treatments for Family Law Cases in the United States

Jessica Pearson

in Cross Currents: Family Law and Policy in the US and England

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198268208
eISBN:
9780191683442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268208.003.0023
Subject:
Law, Family Law

Court cases involving domestic relations are the largest and fastest growing of state court civil caseloads, comprising an estimated 25–50 per cent of all civil actions. Domestic relations cases are ... More


Debt on Informal Contracts

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0004
Subject:
Law, Legal History

This chapter examines the history of debt on informal contracts in England. During the medieval period, a plaintiff in debt could base his claim upon an informal contract when there is no record or ... More


* ‘Disgusted, Buckingham Palace…’. Divorce, Indecency and the Press, 1926

STEPHEN CRETNEY

in Law, Law Reform and the Family

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198268710
eISBN:
9780191683565
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268710.003.0004
Subject:
Law, Family Law

The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was ... More


The Action for Breach of Promise

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0006
Subject:
Law, Legal History

This chapter examines the history of the action for breach of promise in England. It explains that the nonfeasance doctrine under the common law of 1400 prohibited litigants from using assumpsit as a ... More


The Couple between Kin, State, & Local Community

Maria Ågren

in Domestic Secrets: Women and Property in Sweden, 1600-1857

Published in print:
2009
Published Online:
July 2014
ISBN:
9780807833209
eISBN:
9781469604589
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807898451_agren.5
Subject:
Law, Legal History

This chapter presents an analysis based on sixteenth- and seventeenth-century court records. These are not ideal sources if one wants to know how ordinary people generally disposed of and thought ... More


Procedure

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0004
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter outlines the main stages through which court cases might proceed, whilst noting flexibility and variation. It begins by describing two cases in detail. The first case comes from the ... More


2 Historical Frames

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0003
Subject:
Law, Comparative Law

This chapter examines two groups of early court cases that illustrate the impact of gender and race on the outcome of tort litigation. It begins with an overview of the importance of the ... More


Historical Frames

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0003
Subject:
Law, Comparative Law

This chapter examines two groups of early court cases that illustrate the impact of gender and race on the outcome of tort litigation. It begins with an overview of the importance of the institutions ... More


The Representation

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.003.0005
Subject:
Law, Law of Obligations

Estoppel is triggered by words, behaviour, or silence leading someone to believe in a state of affairs. A word that can be used as a shorthand for this is ‘representation’, which has a long ... More


4 Negligence

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0005
Subject:
Law, Comparative Law

This chapter examines the tort of negligent infliction of emotional distress, focusing on a growing body of contemporary court cases that implicate plaintiffs' interests in sexual integrity and ... More


Negligence

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0005
Subject:
Law, Comparative Law

This chapter examines the tort of negligent infliction of emotional distress, focusing on a growing body of contemporary court cases that implicate plaintiffs' interests in sexual integrity and ... More


Consideration in the Law of Uses

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0009
Subject:
Law, Legal History

This chapter examines the application of the equitable doctrine of consideration in the law of uses of land in England during the 16th century. It explains that the doctrine of consideration in land ... More


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