Unjust Enrichment and Contract

Greenberg v. Miami Children 's Hospital: unjust enrichment and the patenting of human genetic material.

Individuals and societal groups are questioning the practice of patenting human genetic material in the context of medical research and health care, where diverse ethical, social, and political objections are being raised by critics. A recent case provides a broad legal theory, the common law cause of action, unjust enrichment, and a precedent for challenging the commercialization and patenting...

Unjust War

I The Traditional Theory of the Just War The traditional theory of the just war comprises two sets of principles, one governing the resort to war (jus ad bellum) and the other governing the conduct of war (jus in bello). One of the central pillars of the traditional theory is that the two set of principles are, in Michael Walzer's words, " logically independent. It is perfectly possible for a j...

The Prevention of Unjust Wars

A Sin of Admission: Why Section 62 Should Have Been Omitted from the Restatement (Third) of Restitution & Unjust Enrichment

In this Article I first argue that Section 62 of the Restatement (Third) of Restitution & Unjust Enrichment sits in tension with the principles expounded in the rest of the work. I then try to show that this tension is mostly unnecessary because the majority of the cases covered by Section 62 could be either (1) explained by the rules of other sections or (2) dismissed as quaint products of a b...

When Trust(s) is not enough: An Argument for the Use of Unjust Enrichment for Home- Sharers

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