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Articles 1 - 7 of 7
Full-Text Articles in Law
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
William & Mary Law Review
No abstract provided.
The Indulgence Of Reasonable Presumptions: Federal Court Contractual Civil Jury Trial Waivers, Joel Andersen
The Indulgence Of Reasonable Presumptions: Federal Court Contractual Civil Jury Trial Waivers, Joel Andersen
Michigan Law Review
Large institutions such as banks, franchisers, international companies, and lessors distrust juries' ability to properly resolve disputes and award reasonable damages. As a result, these and other actors have attempted to limit juries' potential influence on the contracts to which they are parties. They have done so through contractual jury trial waiver clauses in these agreements. The Seventh Amendment to the Constitution guarantees the jury trial right. Whether the right is determined to exist in an individual instance is a matter of federal common law, which merely preserves the jury trial right as it existed when the Amendment was adopted …
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
William Mitchell Law Review
In the United States, a successful litigant is generally not entitled to recover attorneys' fees from the opposing party absent specific statutory or contractual authorization. This basic principle is commonly referred to as the American Rule. Minnesota recognized and adopted the American Rule roughly 125 years ago. A limited number of exceptions to this longstanding rule exist, but Minnesota courts have generally been reluctant to expand or add to these exceptions. In Minnesota, an exception to the American Rule exists for fees incurred in a declaratory action to establish insurance coverage but only if the insurer has breached its duty …
Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky
Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky
University of Richmond Law Review
No abstract provided.
Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski
Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski
Animal Law Review
Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Oklahoma Law Review
No abstract provided.
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.