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Hastings Law Journal

Authors

Leo Kanowitz

Abstract

The Article examines the comparative-impairment theory adopted by the California Supreme Court in Bernhard v. Harrah's Club. Comparative-impairment, the author argues, is so imprecise and manipulable as to be largely indistinguishable from a search for "better law." Furthermore, the doctrine of comparative-impairment raises the serious jurisprudential and philosophical questions associated with natural law.

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