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Articles 1 - 5 of 5
Full-Text Articles in Law
Restitution And Reform, Dale A. Oesterle
Restitution And Reform, Dale A. Oesterle
Michigan Law Review
A Review of Restitution and Reform by George E. Palmer
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster
University of Michigan Journal of Law Reform
This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
University of Michigan Journal of Law Reform
This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …
Narrowing The "Routine Use" Exemption To The Privacy Act Of 1974, John W. Finger
Narrowing The "Routine Use" Exemption To The Privacy Act Of 1974, John W. Finger
University of Michigan Journal of Law Reform
This article suggests a balancing test to determine which routine uses of information legitimately fall within the Privacy Act. Part I briefly examines the background of the Act, concentrating on the legislative history of the routine use exemption, and examining problems the exemption presents. Part II then proposes a balancing test, based on notice and need for data, as a means of ascertaining proper routine uses.
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
Michigan Law Review
A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell