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Articles 1 - 9 of 9
Full-Text Articles in Law
The New Due Process: Rights And Remedies, Doug R. Rendleman
The New Due Process: Rights And Remedies, Doug R. Rendleman
Doug Rendleman
This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Toward Due Process In Injunction Procedure, Doug R. Rendleman
Toward Due Process In Injunction Procedure, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman
Doug Rendleman
No abstract provided.
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock
Doug Rendleman
Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Pepperdine Law Review
No abstract provided.
Redress: Rights And Other Remedies, A Comment On David Engel's Article On Rights Consciousness, Arzoo Osanloo
Redress: Rights And Other Remedies, A Comment On David Engel's Article On Rights Consciousness, Arzoo Osanloo
Indiana Journal of Global Legal Studies
In responding to David Engel's Article, this Comment analyzes how Engel situates contemporary perspectives on rights drawing from his research in Thailand. Engel shows how the discourse of rights carries with it meanings that have multiple and changing connotations and on the ground effects. Following on Engel's questions about how consciousness of rights spreads and takes shape in local contexts, this Comment calls for expanding the substantive and methodological bases for understanding the changing effects of rights discourses. This Comment suggests that a study of the broader social and political implications, including the costs, of rights discourses (internationally, nationally, and …
Unlocking The Courthouse Door: Removing The Barrier Of The Plra’S Physical Injury Requirement To Permit Meaningful Judicial Oversight Of Abuses In Supermax Prisons And Isolation Units, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In recent years the number of inmates held in isolation in American prisons has increased dramatically. At the same serious abuses have occurred in these isolation units. These abuses, which include subjecting inmates to degrading, humiliating and unnecessary suffering, often do not cause physical injury. Even though constitutional rights are violated by these acts, federal courts have often failed to provide relief to victims of these abuses. The reason is that the Prison Litigation Reform Act (PLRA) deprives federal courts of the ability to provide relief from degrading and even torturous behavior if there is not physical injury. This article …