Law Commons^™

Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman

Washington and Lee Law Review

Searching for the most suitable money remedy for a simple commercial bribe promptly lands a lawyer, judge, professor, student, or researcher in a remedial smorgasbord. De- emphasizing injunctions, commercial bribery offers a spectrum of monetary remedies.

The plaintiff has two defendants, the briber and the bribee. He has two major remedies, damages and restitution. The overlapping policies consist of compensating the plaintiff, preventing the defendants’ unjust enrichment, deterring the defendants and others, and punishing the defendants. Courts implement these policies with compensatory damages, restitution, and punitive damages. A bribe can be returned as damages or restitution, a significant distinction. Punishment …

Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling

Washington and Lee Law Review

No abstract provided.

Taking Back The Internet: Imposing Civil Liability On Interactive Computer Services In An Attempt To Provide An Adequate Remedy To Victims Of Nonconsensual Pornography, Amanda L. Cecil

Washington and Lee Law Review

No abstract provided.

Counter-Restitution For Monetary Remedies In Equity, George P. Roach

Washington and Lee Law Review

Equitable remedies are growing in importance as the remedies of choice for intellectual property and federal agency claims. The measure of monetary remedies in equity is founded in trust law, which provides that even a disloyal trustee is entitled to indemnity for expenses that benefit the trust. Based on this principle and case law on measuring intellectual property remedies, a defendant to a claim for a monetary remedy in equity has the opportunity to prove that the unjust enrichment established by the plaintiff should be reduced for unrelated revenues or beneficial expenses. Opponents of this right justify revenue disgorgement by …

Common Law Punitive Damages: Something For Everyone?, Doug Rendleman

Scholarly Articles

Common law punitive damages have some feature that will get everyone's goat: a civil court meting out quasi-criminal punishment; a sanction, punishment, imposed after mere civil procedure; a civil jury stretching imprecise instructions into Robin Hood justice; a private plaintiff receiving a windfall that exceeds any reasonable estimate of loss; and, finally, the Supreme Court wielding the discredited doctrine of substantive due process. This article will examine the preceding fault lines and the countervailing considerations, devoting more attention to substantive due process than the others. It will then turn to Exxon Shipping Co. v. Baker, and include some modest …

Remedies - The Law School Course, Doug Rendleman

Scholarly Articles

None available.

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua A.T. Fairfield

Scholarly Articles

Not available.

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

Not available.

Looking For The Perfect Enforcement Remedy: Old Wine In New Bottles Or: Have I Seen This Movie Before?, James Treadway

Washington and Lee Law Review

No abstract provided.

Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law

Washington and Lee Law Review

No abstract provided.

Conflict Resolved: An Implied Remedy Under Section 10(B) Of The '34 Act Survives Despite The Existence Of Express Remedies

Washington and Lee Law Review

No abstract provided.

Califano V. Yamasaki (Elliott), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The New Due Process: Rights And Remedies, Doug Rendleman

Scholarly Articles

None available

Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rondeau V. Mosinee Paper Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche

Washington and Lee Law Review

No abstract provided.

Enhancement Of Value As Element Of Artisan's Lien

Washington and Lee Law Review

No abstract provided.