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Articles 1 - 8 of 8
Full-Text Articles in Law
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
Faculty Articles
This interdisciplinary study investigates the meanings of incarceration through an analysis of prison memoirs and novels. It argues that many prisoners and nonprisoners exhibit powerful positive associations to penal confinement. The Article draws on psychoanalysis, philosophy, and sociology to account for the various kinds of attraction that prison exerts. The Article also considers the interrelationships between the analysis of the positive images and three traditional purposes of punishment: rehabilitation, deterrence, and retribution.
Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury
LLM Theses and Essays
This thesis attempts to examine and compare an important component of any law of contract for the sale of goods, namely, the remedies available to an aggrieved party following a breach of contract. The first part of the thesis deals with the historical background of the uniform laws, their scope and specific characteristics. The following chapters examine the status, role and significance of the two major remedies - the damages and specific performance, in the major legal systems and the uniform laws. In addition, it compares the remaining remedial provisions and concludes that, although the major legal systems of the …
Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker
Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones
Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones
Journal Publications
Clients who seek legal assistance earlier in the repossession process preserve their options, which may include preventing the repossession altogether, allowing the client an opportunity to reclaim the vehicle after repossession, or limiting the client's liability to the loss of the vehicle itself. Many of the actions considered by the attorney will be based on the provisions in Article 9 of the Uniform Commercial Code (U.C.C. or the Code). This article begins with a discussion of steps that may be taken to eliminate the need to resort to the U.C.C. Because these steps will not always be successful, the article …
Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson
Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
The use of remittitur and additur in American jurisprudence is based upon Justice Story's "very limits of the law" in conjunction with the constraints of the seventh amendment. This author states that since additur is not presently being used as a procedural devise and remittitur is premised on the same principles, the current use of remittitur should be eliminated.
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
Articles
In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Articles
proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Scholarly Works
Traditionally, the “American rule” for the award of attorneys’ fees has provided that parties will bear their own attorney costs absent the exceptional circumstances in which the losing party has acted in bad faith or the litigation has provided a substantial public benefit. For successful parties in litigation against the federal government, the doctrine of sovereign immunity has precluded an award of attorneys’ fees even if the “American rule” exceptions were met. Only the express waiver of immunity will allow a fee award for private parties who prevail against the government in judicial or administrative proceedings. Despite the existence of …