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New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
Missouri Law Review
A common method of dispute resolution in institutional reform litigation is the consent decree. Although they are entered into voluntarily, consent decrees are sanctioned by courts in the same manner as other final judgments under Federal Rule of Civil Procedure 60(b) The consent decree has been used to avoid court-ordered remedies which do not adequately meet the needs of either party in the dispute. The traditional standard for the modification of such decrees is the "grievous wrong" standard.' By maintaining this rigorous standard, courts have guarded against modifications of consent decrees to bring order to the highly chaotic and controversial …
The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges
The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges
Law Faculty Publications
This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light …
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers, Lester Brickman, Jonathan Klein
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers, Lester Brickman, Jonathan Klein
South Carolina Law Review
No abstract provided.
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Law and Contemporary Problems
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer
South Carolina Law Review
No abstract provided.
Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve
Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Remedial Problems Of Stallone V. United States And Jenkins V. Missouri, Candace Kovacic-Fleischer
The Remedial Problems Of Stallone V. United States And Jenkins V. Missouri, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The remedies section of the Association of American Law Schools decided to hold a panel discussion at its annual meeting in January 1991 on two 1990 Supreme Court cases, Spallone v. United States' and Missouri v. Jenkins, because these cases raise some troubling questions about the implementation of constitutional remedies. Not surprisingly, the State and Local Government Section was also planning a panel discussion about the same cases because they involve federal courts in local governmental decisions. Thus, the two Sections combined their programs into a double, joint session, the proceedings of which are printed here. This article introduces …
Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen
Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Compensation claims against provincial and federal governments are largely a product of the second half of the 20th century. The initial surge of cases after the enactment of the federal Crown Liability Act in 1953--mirrored also in developments at the provincial level-- were typically "private" tort claims. Indeed a significant percentage of claims against the federal government continue to be nothing more than automobile accident, occupier liability claims and lawsuits arising out of similar relatively minor bureaucratic error. Recently, however, as a result of both the imagination of litigators and the growth of the regulatory state, claims against governments have …
Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown
Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Georgetown Law Faculty Publications and Other Works
Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …