Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 1980 (1)
- And Liability Act (1)
- Besifoods (1)
- Bioethics (1)
- CERCIA (1)
-
- Compensation (1)
- Comprehensive Environmental Response (1)
- Corporate law (1)
- Easement (1)
- Excessive damage awards (1)
- Federal common (1)
- Fiber-optic lines (1)
- Jury awards (1)
- Kimbell Foods (1)
- Law (1)
- Law of restitution (1)
- O'Melveny & Myers (1)
- Parent corporation (1)
- Punitive damages (1)
- Rail corridors (1)
- Railbanking (1)
- Rails-to-trails (1)
- Right-of-way (1)
- Seventh Amendment (1)
- State law (1)
- Successor liability (1)
- Supreme Court (1)
- Treaties (1)
- Yale Law Journal (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
America As Pattern And Problem, Carl E. Schneider
America As Pattern And Problem, Carl E. Schneider
Articles
Since the days of Tocqueville, foreign observers have seen America as both a pattern and a problem. They still do, and in ways that illuminate the way law deals with bioethical issues both here and abroad. America was long exceptional in having a written constitution, in allowing its courts the power of judicial review, and in letting courts exercise that power to develop and enforce principles of human rights. Today, that pattern looks markedly less exceptional. After the Second World War, Germany and Japan were persuaded to adopt constitutions that included human rights provisions and that endowed courts with the …
Pipes, Wires, And Bicycles: Rails-To-Trails, Utility Licenses, And The Shifting Scope Of Railroad Easements From The Nineteenth To The Twenty-First Centuries, Danaya C. Wright, Jeffrey M. Hester
Pipes, Wires, And Bicycles: Rails-To-Trails, Utility Licenses, And The Shifting Scope Of Railroad Easements From The Nineteenth To The Twenty-First Centuries, Danaya C. Wright, Jeffrey M. Hester
UF Law Faculty Publications
This Article responds to a series of class action suits filed against railroads, telecommunication companies, and the federal government claiming that once railroads abandon their corridors, all property rights shift to adjacent landowners. This Article reviews the state law on this matter and offers a theory of how courts should handle these cases. After discussing the history of nineteenth-century railroad land acquisition practices, we analyze the scope of the easement limited for railroad purposes. We then discuss the role abandonment plays in affecting the rights of third party users of these corridors as well as successor trail owners. We conclude …
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Optimal Standardization In The Law Of Property: The Numerus Clausus Principle, Thomas W. Merrill, Henry E. Smith
Optimal Standardization In The Law Of Property: The Numerus Clausus Principle, Thomas W. Merrill, Henry E. Smith
Faculty Scholarship
A central difference between contract and property concerns the freedom to "customize" legally enforceable interests. The law of contract recognizes no inherent limitations on the nature or the duration of the interests that can be the subject of a legally binding contract. Certain types of promises – such as promises to commit a crime – are declared unenforceable as a matter of public policy. But outside these relatively narrow areas of proscription and requirements such as definiteness and (maybe) consideration, there is a potentially infinite range of promises that the law will honor. The parties to a contract are free …