Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Compensation

Discipline
Institution
Publication Year
Publication

Articles 1 - 30 of 150

Full-Text Articles in Law

Civil Rights, Access To Counsel, And Injunctive Class Actions In The United States, Maureen Carroll Jan 2021

Civil Rights, Access To Counsel, And Injunctive Class Actions In The United States, Maureen Carroll

Book Chapters

According to a familiar story about class actions in the United States, aggregation promotes access to counsel by increasing the amount of money from which counsel fees can be taken. Courts usually award class counsel a percentage of the monetary recovery obtained on behalf of the class, and class treatment can turn a $30 case into a $3 million case. But what about class actions that do not involve monetary relief at all? Some civil rights plaintiffs seek to stop a violation, rather than to obtain compensation for past harm, and therefore choose to pursue only an injunction or declaratory ...


Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll Jun 2020

Fee-Shifting Statutes And Compensation For Risk, Maureen S. Carroll

Articles

A law firm that enters into a contingency arrangement provides the client with more than just its attorneys' labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state fee shifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation ...


Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden May 2020

Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane Apr 2019

Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane

Book Chapters

Over the course of her extraordinary career, Eleanor Fox has contributed in many vital ways to our understanding of the importance of institutional analysis in antitrust and competition law. Most importantly, Eleanor has become the leading repository of knowledge about what is happening around the globe in the field of competition law and its enforcement institutions. At a time when much of the field of antitrust was moving in the direction of theoretical generalization, formal modeling, game theory, and the like, Eleanor tirelessly worked the globe to discover the actual practice of competition law in the world. She left no ...


Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law Dec 2018

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson Jul 2018

Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson

Research Collection School Of Law

Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with the ...


The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan Jan 2018

The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on cost-benefit analysis. This regressive effect occurs as long as downwind communities that suffer health and harms from environmental contamination are generally less wealthy than the owners of pollution sources that avoid regulatory-compliance costs. The availability of compensation to pollution-victims has the potential to ameliorate this regressive effect. This Article recommends that the availability of ...


User Damages And The Limits Of Compensatory Reasoning, Alvin W. L. See Jan 2018

User Damages And The Limits Of Compensatory Reasoning, Alvin W. L. See

Research Collection School Of Law

The use of the term “user damages” in reference to compensatory damages is particularly problematic because it tends to overgeneralise the cases and conceal the importance of identifying the relevant loss in each case, which has implications on issues of proof, quantification and mitigation. This has contributed to the persistent neglect to squarely address issues of loss, which has in turn led to both over- and underestimation of the limits of compensatory damages. Once we look past the broad label, it becomes obvious that the cases purportedly unified by a common measure of loss tend to vary widely in facts ...


A Global Vaccine Injury Compensation System, Sam F. Halabi, Saad B. Ommer Jan 2017

A Global Vaccine Injury Compensation System, Sam F. Halabi, Saad B. Ommer

Faculty Publications

Vaccines are extremely safe and harm is rare. Worldwide, more than 30000 vaccine doses are delivered per second through routine immunization programs, which, in turn, prevent an estimated 2 million to 3 million deaths annually. Yet the specter of vaccine injury plays a central role in vaccine access and will continue to do so as vaccine technologies evolve.


Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant Jan 2017

Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.


Henry V. British Columbia: Still Seeking A Just Approach To Damages For Wrongful Conviction, Emma Cunliffe Jan 2017

Henry V. British Columbia: Still Seeking A Just Approach To Damages For Wrongful Conviction, Emma Cunliffe

Faculty Publications

Henry v. British Columbia (Attorney General) was the first case in which a claimant sought damages under section 24(1) of the Canadian Charter of Rights and Freedoms for breaches of rights that led to a wrongful conviction and imprisonment. In its 2015 decision, the Supreme Court of Canada clarified the criteria for the award and quantum of such damages. In June 2016, Hinkson C.J.S.C. awarded $8,086,691.80 in damages to Ivan Henry in compensation, special damages and “to serve both the vindication and deterrence functions of s. 24(1) of the Charter”.

In this ...


Reconsidering Realization-Based Accounting For Equity Compensation, David Walker Aug 2016

Reconsidering Realization-Based Accounting For Equity Compensation, David Walker

Faculty Scholarship

The U.S. equity compensation landscape continues to evolve. Recent innovations have improved the linkage between pay and firm-specific performance, but have added complexity. Against that backdrop, this Article urges reconsideration of the accounting rules for equity pay. Under current rules, most equity pay awards are expensed based on grant date valuation with no updating for changes in value post grant. This Article advocates the adoption of a mark-to-market or realization-based approach under which the expense recorded for all equity pay awards would ultimately be trued to the value received by employees. Increasingly, equity pay awards are more analogous to ...


Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council Jun 2016

Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

19 slides


Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council Jun 2016

Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

3 pages

Contains footnotes

"Land Rights and Native Title in NSW"

"October 2012"

"This document has been prepared by the New South Wales Aboriginal Land Council (NSWALC) for Local Aboriginal Land Councils (LALCs) and Aboriginal communities in NSW. NSWALC acknowledges the assistance of NTSCORP Limited (NTSCORP) in the development of this Fact Sheet."--Last page


Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande Apr 2016

Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande

All Faculty Scholarship

Recent empirical studies demonstrate five reasons why antitrust class action cases are essential: (1) class actions are virtually the only way for most victims of antitrust violations to receive compensation; (2) most successful class actions involve collusion that was anticompetitive; (3) class victims’ compensation has been modest, generally less than their damages; (4) class actions deter significant amounts of collusion and other anticompetitive behavior; and (5) anticompetitive collusion is underdeterred, a problem that would be exacerbated without class actions. Unfortunately, a number of court decisions have undermined class action cases, thus preventing much effective and important antitrust enforcement.


Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School Of Law Mar 2016

Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Class Action Myopia, Maureen Carroll Feb 2016

Class Action Myopia, Maureen Carroll

Articles

Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief This Article argues that the myopic focus on the aggregated-damages class action has led to undertheorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target ...


Reducing False Guilty Pleas And Wrongful Convistions Through Exoneree Compensation, Murat C. Mungan, Jonathan Klick Jan 2016

Reducing False Guilty Pleas And Wrongful Convistions Through Exoneree Compensation, Murat C. Mungan, Jonathan Klick

Faculty Scholarship at Penn Law

A great concern with plea-bargains is that they may induce innocent individuals to plead guilty to crimes they have not committed. In this article, we identify schemes that reduce the number of innocent-pleas without affecting guilty individuals' plea-bargain incentives. Large compensations for exonerees reduce expected costs associated with wrongful determinations of guilt in trial and thereby reduce the number of innocent-pleas. Any distortions in guilty individuals' incentives to take plea bargains caused by these compensations can be off-set by a small increase in the discounts offered for pleading guilty. Although there are many statutory reform proposals for increasing exoneration compensations ...


Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson Jan 2016

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic


Unpacking The Compensatory Principle: Causation, Mitigation, Certainty Of Loss And Remoteness: The Mtm Hong Kong, Yihan Goh, Man Yip Jan 2016

Unpacking The Compensatory Principle: Causation, Mitigation, Certainty Of Loss And Remoteness: The Mtm Hong Kong, Yihan Goh, Man Yip

Research Collection School Of Law

The High Court decision of Louis Dreyfus Commodities Suisse SA v MT Maritime Management BV (The MTM Hong Kong) affirms that the compensatory principle mandates the assessment of actual loss resulting from the breach of a charterparty. Owing to the unexpected delay in obtaining a substitute charter after the original charterers had repudiated the charterparty. The MTM Hong Kong raised a previously unconsidered issue: is the court allowed to take into account the vessel owners’ losses occurring after the date that the charter voyage would have been completed? Under the Smith v McGuire measure of compensation, an owner is conventionally ...


Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law Dec 2015

Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg Oct 2015

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Law Faculty Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the ...


Punitive Compensation, Cortney E. Lollar Jul 2015

Punitive Compensation, Cortney E. Lollar

Law Faculty Scholarly Articles

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses ...


2012 Qualifying Offers Draft Selections, Edmund P. Edmonds Jun 2015

2012 Qualifying Offers Draft Selections, Edmund P. Edmonds

Free Agent Compensation

No abstract provided.


2013 Qualifying Offers Draft Selections, Edmund P. Edmonds Jun 2015

2013 Qualifying Offers Draft Selections, Edmund P. Edmonds

Free Agent Compensation

No abstract provided.


Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault May 2015

Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault

Articles, Book Chapters, & Blogs

No abstract provided.


Newsroom: National Law Journal: Logan On Bp Claims, Roger Williams University School Of Law May 2015

Newsroom: National Law Journal: Logan On Bp Claims, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


May A Bankruptcy Court Award Fees To Debtor's Counsel For Its Work Defending Its Fee Application: Baker Botts V. Asarco (14-103) [Notes], Marshall E. Tracht Feb 2015

May A Bankruptcy Court Award Fees To Debtor's Counsel For Its Work Defending Its Fee Application: Baker Botts V. Asarco (14-103) [Notes], Marshall E. Tracht

Other Publications

The Bankruptcy Code authorizes the retention of lawyers and other professionals to provide necessary services to the trustee or debtor in possession. The lawyers and other professionals must submit fee applications itemizing their work for approval by the bankruptcy court, and those applications can be challenged by creditors and other parties in interest. This case asks whether a bankruptcy court has the authority to award fees to a law firm to cover its work in defending against challenges brought to its fee applications.


Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike Jan 2015

Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike

Faculty Scholarship

Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast majority of developed countries, which have implemented no-fault compensation systems, the United States continues to rely on the tort system to compensate injured research participants—an approach that is no longer morally defensible. Despite decades of US advisory panels advocating for no-fault compensation, little progress has ...