Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Property Law and Real Estate (6)
- Torts (5)
- State and Local Government Law (3)
- Consumer Protection Law (2)
- Contracts (2)
-
- Criminal Procedure (2)
- Health Law and Policy (2)
- Land Use Law (2)
- Law Enforcement and Corrections (2)
- Litigation (2)
- Medical Jurisprudence (2)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Criminal Law (1)
- Dispute Resolution and Arbitration (1)
- Evidence (1)
- Family Law (1)
- Fourth Amendment (1)
- Intellectual Property Law (1)
- Law and Race (1)
- Science and Technology Law (1)
- Keyword
-
- Dignity (6)
- Dignity Takings (6)
- Damages (3)
- Reparations (3)
- Consumer protection (2)
-
- Criminal Law and Procedure (2)
- Medical malpractice (2)
- Admissibility (1)
- Assisted reproductive technologies (1)
- Birth-related injuries (1)
- Business organizations (1)
- California (1)
- Capitalization (1)
- Chicago (1)
- Child sexual abuse (1)
- Choice of law (1)
- City Planning (1)
- Civil Code (1)
- Civil Rights (1)
- Civil War (1)
- Civil law (1)
- Colombia (1)
- Compensation (1)
- Consumer Financial Protection Bureau (1)
- Consumer arbitration (1)
- Contempt (1)
- Contracts (1)
- Corporation (1)
- Corrective Justice (1)
- Criminal law (1)
Articles 1 - 17 of 17
Full-Text Articles in Legal Remedies
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
Chicago-Kent Law Review
No abstract provided.
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
Enhanced Patent Infringement Damages Post-Halo And The Problem With Using The Read Factors, Betul Serbest
Enhanced Patent Infringement Damages Post-Halo And The Problem With Using The Read Factors, Betul Serbest
Chicago-Kent Law Review
The United States Patent Act allows a patent holder to recover treble damages for “willful infringement.” The standard for willful infringement has changed over the years, with the United States Supreme Court providing the most recent explanation of what is “willful” in Halo Electronics, Inc. v. Pulse Electronics, Inc. in 2016. Courts, however, continue to use a set of factors set forth in Read Corp. v. Portec, Inc. in 1992 to aid their discretion in awarding willful infringement enhanced damages. In this article, I argue that at least two of the Read factors are inconsistent with the Supreme Court’s Halo …
Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer
Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer
Chicago-Kent Law Review
A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package awarded …
Dignity Takings In Gangland’S Suburban Frontier, Lua Kamál Yuille
Dignity Takings In Gangland’S Suburban Frontier, Lua Kamál Yuille
Chicago-Kent Law Review
This paper engages the evolving dignity takings framework, first developed by Bernadette Atuahene, in the context of contemporary American street gangs (e.g. Crips, Bloods, Latin Kings, etc.). Contrary to most popular accounts, it starts with a reimagined and complicated notion of street gangs that emphasizes not their secondary or tertiary violence and criminality but their primary function as corporate institutions engaged in the sustained, transgressive creation of alternative markets for the creation of the types of property interests that scholars have associated with the development and pursuit of identity and “personhood.” From this perspective, the paper applies the dignity takings …
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Chicago-Kent Law Review
No abstract provided.
Dignity Takings And Dignity Restoration: A Case Study Of The Colombian Land Restitution Program, Diana Esther Guzmán-Rodríguez
Dignity Takings And Dignity Restoration: A Case Study Of The Colombian Land Restitution Program, Diana Esther Guzmán-Rodríguez
Chicago-Kent Law Review
Over the past 50 years, Colombia has experienced intense socio-political violence associated with its internal armed conflict. As a result of this violence, long and complicated processes of land dispossession have taken place throughout the country, and more than seven million people have been internally displaced. Currently, the Colombian state is implementing a Land Restitution Program, which aims to restitute the dispossessed lands and to transform deep inequalities associated with massive forced displacement. This case study on both the complexities of the land takings in Colombia and the Land Restitution Program’s ambitious goals contributes to strengthening the socio-legal concepts of …
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
Chicago-Kent Law Review
This essay uses concepts from Bernadette Atuahene’s book We Want What’s Ours: Learning from South Africa’s Land Restitution Program to examine the trend of urban hospital closings. It does so by focusing specifically on the history of Martin Luther King, Jr. Community Hospital, a charitable hospital in South Los Angeles, California that emerged after the Watts riots in 1965. The essay illustrates how Professor Atuahene’s framework can generate unique questions about the closing of urban hospitals, and public bureaucracies more generally. The essay also demonstrates how Martin Luther King, Jr. Community Hospital’s trajectory hones some of Atuahene’s concepts in ways …
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Chicago-Kent Law Review
No abstract provided.
Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton
Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton
Chicago-Kent Law Review
Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Criminal statutes of limitations on sex crimes against children protect predators, permitting them to run out the clock and move on to their next victim. This Note will argue that placing the burden on survivors of sexual abuse to report in time is not only psychologically unreasonable, but also harmful to …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Chicago-Kent Law Review
Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Chicago-Kent Law Review
In Lebron v. Gottlieb, decided in February of 2010, the Illinois Supreme Court struck down Public Act 94-677, finding that its cap on noneconomic damages violated the Illinois Constitution's separation of powers clause. The Court primarily relied upon the remittitur doctrine to come to its conclusion. This case comment addresses the Lebron decision and its rationale, particularly its focus on the remittitur doctrine. Additionally, this comment addresses the following concepts: 1) the background and history of attempts to limit common law liability in tort law in Illinois; 2) other jurisdictions' responses to statutory caps; 3) the Lebron majority's distinctions regarding …
The Law Of Medical Misadventure In Japan, Robert B. Leflar
The Law Of Medical Misadventure In Japan, Robert B. Leflar
Chicago-Kent Law Review
This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations' medical law systems. The paper addresses criminal sanctions for Japanese physicians' negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries.
Among the paper's findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Chicago-Kent Law Review
The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …
Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal
Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal
Chicago-Kent Law Review
After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. In this article, Professor Rosenthal argues that the case for providing such compensation is deeply problematic, whether advanced in terms of no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable as a means of creating an economic incentive to scale back such liability-producing conduct to optimal levels, this rationale has little application to the criminal justice system. Instead, a regime of strict liability would operate as …
Piercing The Corporate Veil—The Undercapitalization Factor, Harvey Gelb
Piercing The Corporate Veil—The Undercapitalization Factor, Harvey Gelb
Chicago-Kent Law Review
No abstract provided.