Archive for July, 2011

Prof. Jost on the ACA

July 27, 2011 Leave a comment

Timothy JostProfessor Timothy S. Jost, the Robert L. Willett Family Professor of Law, recently had his article, The Real Constitutional Problem with the Affordable Care Act, 36 J. Health Pol. Pol’y & L. 501 (2011), in Duke’s Journal of Health Politics, Policy and Law.

The short article discusses constitutional issues raised by the Medicare cost control mechanisms found in the Affordable Care Act.

Professor Jost’s article can be found here.

Congratulations to Professor Jost.

Prof. Millon on Teaching Business Law

July 25, 2011 Leave a comment

David MillonProfessor David Millon, the J.B. Stombock Professor of Law, recently participated and contributed to a roundtable discussion on the popular blog, The Conglomerate, about teaching Business and Corporate Law. The group included Gordon Smith (BYU), Lisa Fairfax (George Washington), Afra Afsharipour (UC Davis), Kent Greenfield (Boston College), and Erik Gerding (Colorado).

Professor Millon wrote about W&L’s unique two course system, offering both Close Business Arrangements (CBA) and Publicly Held Businesses (PHB) as three-credit courses. The basic assumption, he said, is that the legal issues confronting the organization and management of privately owned, typically small businesses are different enough from those of large, publicly held firms to warrant separate courses. As a result, W&L has six hours, if a student takes both courses, to cover material that is typically taught in a four- (or even three-) credit survey. Prof. Millon also addressed the issue of Corporate Social Responsibility within the realm of PHB.

The entire roundtable discussion can be found here.

Prof. Moliterno on Litigation

July 15, 2011 Leave a comment

James MoliternoProfessor James E. Moliterno, the Vincent Bradford Professor of Law at Washington and Lee, recently published his book, The Litigation Department Lawyer (West 2011).

The book includes substantive material on civil procedure, evidence, and lawyer ethics, but the bulk of the book is devoted to sets of materials that students will use, directed by their professor, to create an elaborate simulation of litigation department practice. These simulations mimic a series of isolated activities of different litigation department types, as well as to create a running, connected event, based on a single matter. Along the way, students will gain experience in discovery, pleadings, and motion drafting for an array of purposes before finally taking the matter to trial.

The book can be purchased at Amazon here.

Congratulations to Professor Moliterno.

Prof. Rendleman on Restitution

July 12, 2011 Leave a comment

Doug RendlemanProfessor Doug Rendleman, Robert E. R. Huntley Professor of Law, will have his article, Measurement of Restitution: Coordinating Restitution with Compensatory Damages and Punitive Damages, 68 Wash. & Lee L Rev. __ (2011), published in the forthcoming volume of the Washington & Lee Law Review. The article was part of the W&L Law Review’s spring symposium discussing the ALI’s proposed Restatement (Third) of Restitution and Unjust Enrichment.

Courts apply compensatory damages, restitution, and punitive damages to formulate litigants’ civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often misunderstand restitution with deleterious consequences for litigants and the administration of justice.

Professor Rendleman’s article identifies wiser choices to aid lawyers’ and courts’ remedial decisions and seeks to improve the courts’ administration of litigants’ civil remedies. It focuses on the Restatement’s measurement choices for restitution and explains familiar examples to analyze the choices between compensatory damages, restitution, and punitive damages and to locate the transitions between them.

The article can be found on SSRN here.

Congratulations to Prof. Rendleman.