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- Banks v. International Rental & Leasing Corp.; Insular cases; postcolonial; Virgin Islands Superior Court; PROMESA; U.S. territory (1)
- Nominal damages; constitutional claims; mootness; judicial economy (1)
- Securities law; securities exchange act; fraud; disclosure; civil law; litigation; corporations; shareholders; common law (1)
- Transit; Nuisance; Walkability; neighborhood character; transit; Infill (1)
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Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean
Fordham Law Review
This Essay utilizes the lens of postcolonial theory to analyze the development of U.S. Virgin Islands jurisprudence. This Essay asserts that the United States’s acquisition of the territory served the purpose of helping to construct an American narrative of moving from colony to colonial power that surpassed its European forebears. The colonial narrative is fractured by instances of the Supreme Court of the Virgin Islands re-narrating territorial space by utilizing legal principles that are informed by local cultural expressions. Consequently, Virgin Islands jurisprudence is transformed from “colonial dependent” to “postcolonial independent” based on intersectional, progressive principles.
A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish
A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish
Fordham Law Review
This Note examines whether nominal damages should sustain an otherwise moot constitutional claim. A majority of circuit courts have held that a lone claim for nominal damages is sufficient. A minority of circuit courts have determined that nominal damages are insufficient because there is no practical effect in determining such a case. The courts in the minority analogize nominal damages to declaratory judgments and justify their rulings on the basis of judicial economy. This Note proposes that the minority rule is impermissible under current precedent from the U.S. Supreme Court. However, this Note also proposes that the majority rule be …
Reviving Reliance, Ann M. Lipton
Reviving Reliance, Ann M. Lipton
Fordham Law Review
This Article explores the misalignment between the disclosure requirements of the federal securities laws and the private causes of action available to investors to enforce those requirements. Historically, federally mandated disclosures were designed to allow investors to set an appropriate price for publicly traded securities. Today’s disclosures, however, also enable stockholders to participate in corporate governance and act as a check on managerial misbehavior. To enforce these requirements, investors’ chief option is a claim under the general antifraud statute, section 10(b) of the Securities Exchange Act of 1934. But courts are deeply suspicious of investors’ attempts to use the Act …
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Fordham Urban Law Journal
No abstract provided.