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Articles 1 - 14 of 14
Full-Text Articles in Law
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Scholarly Articles
The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks.
This scholars’ …
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Scholarly Articles
Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …
Docket Dividends: Growth In Shareholder Litigation Leads To Refinements In Chancery Procedures, Donald F. Parsons Jr., Jason S. Tyler
Docket Dividends: Growth In Shareholder Litigation Leads To Refinements In Chancery Procedures, Donald F. Parsons Jr., Jason S. Tyler
Washington and Lee Law Review
No abstract provided.
Counter-Restitution For Monetary Remedies In Equity, George P. Roach
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 And Equity In R3rue, Lionel Smith
Common Law And Equity In R3rue, Lionel Smith
Washington and Lee Law Review
One of the most remarked-upon achievements of the first Restatement of the Law of Restitution was the consolidation into a single treatment of all of the law that concerned the Reporters, whether it came from common law or Equity. In the Restatement (Third) of Restitution & Unjust Enrichment (R3RUE), there was initially an even more dramatic idea: to restate the law without even any reference to the historical distinction between common law and Equity. In the final product, however, there are several references to the peculiarly Equitable origins of certain juridical solutions to the problems addressed by this Restatement. The …
Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur
Totalization With Mexico: A Path To Immigration Reform, Rajeeve Thakur
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough
For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough
Washington and Lee Law Review
No abstract provided.
Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel
Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs
Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld
Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld
Washington and Lee Law Review
No abstract provided.
Smith V. University Of Detroit: Is There A Viable Alternative To Beacon Theatres?, Gregory Gelfand
Smith V. University Of Detroit: Is There A Viable Alternative To Beacon Theatres?, Gregory Gelfand
Washington and Lee Law Review
No abstract provided.
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Equity-Availability Of Specific Performance Remedy To Enforce Contract To Sell New Automobile
Washington and Lee Law Review
No abstract provided.
Equity-Certainty And Completeness Of Terms As Prerequisites To Specific Enforcement Of A Contract To Sell Land
Washington and Lee Law Review
No abstract provided.