Law Commons^™

Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves

University of Michigan Journal of Law Reform

As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But when these cases do …

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.

Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell

University of Arkansas at Little Rock Law Review

No abstract provided.

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.

Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum

Pepperdine Law Review

No abstract provided.

The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff

Cleveland State Law Review

A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent …

Are You Trying To Imply Something?: Understanding The Various State Approaches To Implied Covenants Of Continuous Operation In Commercial Leases, Jerald Clifford Mckinney Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

What Is The Appropriate Statute Of Limitations For Implied Warranty Of Habitability, David A. Larson

University of Arkansas at Little Rock Law Review

No abstract provided.

Property–Lateral Support–Effect Of An Act Of God On Absolute Liability, Frances Shane Fendler

University of Arkansas at Little Rock Law Review

No abstract provided.

The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten

Villanova Law Review

No abstract provided.

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review

No abstract provided.

Eminent Domain - Taking In Excess Condemnation Proceeding Held Constitutional If Such Taking Was Justified To Avoid Excessive Or Consequential Damages. People Ex Rel. Dept. Pub. Wks. V. Superior (Cal. 1968), Phillip A. Demassa

San Diego Law Review

This recent case discusses People ex rel. Dept. Pub. Wks. v. Superior (Cal. 1968)

Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes

Villanova Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING

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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER

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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES

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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION

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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE

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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION

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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …

Insurance--1959 Tennessee Survey, William R. Andersen

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

Damages-Application Of American And English Rules For Measure Of Damages For Breach Of Contract To Sell Land [Raisor V. Jackson, Ky. 1950]

Washington and Lee Law Review

No abstract provided.

Nuisance-Liability For Injury Caused By Encroaching Tree Roots, L. B. Lea

Michigan Law Review

Plaintiff and defendant were ad joining landowners. Roots of poplar trees on defendant's land extended onto plaintiff's premises, clogging the sewage system and extracting such nutritional value from the land as to injure her lawn and flower garden. Plaintiff brought an action for damages and equitable relief. Judgment was rendered for defendant on demurrer. On appeal, held, reversed. The encroaching roots constituted an actionable nuisance. Plaintiff was not limited to the self-help remedy of cutting the roots at the boundary line. Mead v. Vincent, (Okla. 1947) 187 P. (2d) 994.

Measure Of Damages For Conversion Of Property Of Fluctuating Value, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Measure Of Damages For Fraud In The Sale Of Real Property

Indiana Law Journal

Recent Case Notes

Injuries To The Interests Of Landowners, Charles T. Mccormick

Kentucky Law Journal

No abstract provided.

Equity- Declaratory Judgment -Injunction To Protect Right In Easement

Michigan Law Review

Defendant owned a piece of land in a city block, and plaintiff owned an ad joining piece of land together with an easement for light and air upon a contiguous strip of defendant's land 4 feet wide and 90 feet long. Plaintiff's land alongside the strip was vacant, and he had no immediate intention of building thereon. Defendant erected an office building on his land, constructing an outside stairway on the 4 x 90 foot strip. Plaintiff asked for a mandatory injunction compelling defendant to remove the stairway, stating in his argument before the court that though he had no …

Can Damages Be Recovered In An Action Of Unlawful Entry And Detainer Instituted In A Circuit Court?, L. C.

West Virginia Law Review

No abstract provided.