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Articles 1 - 21 of 21
Full-Text Articles in Legal Remedies
Saving Charitable Settlements, Christine P. Bartholomew
Saving Charitable Settlements, Christine P. Bartholomew
Journal Articles
This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly timely, as …
Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang
Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang
Buffalo Law Review
No abstract provided.
Specious Claims And Global Settlements, S. Todd Brown
Specious Claims And Global Settlements, S. Todd Brown
Journal Articles
Few problems are more disruptive to the efficient negotiation and operation of comprehensive mass tort settlements than oversubscription, which, at times, appears to be fueled primarily by specious claims. In settlements with opt out rights, a flood of claims can generate a market for lemons, with the weakest claims submitted to the settlement and the strongest opting out and seeking recovery at trial or in private settlement. In binding settlements, they may result in a commons problem, requiring dramatic reductions in payment that effectively transfer recoveries from those with intrinsically strong claims to those with weak claims.
This Article evaluates …
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
Buffalo Law Review
No abstract provided.
Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren
Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren
Buffalo Law Review
No abstract provided.
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn
Buffalo Law Review
No abstract provided.
Wrongful Life And A Fundamental Right To Be Born Healthy: Park V. Chessin; Becker V. Schwartz, Harry F. Klodowski Jr.
Wrongful Life And A Fundamental Right To Be Born Healthy: Park V. Chessin; Becker V. Schwartz, Harry F. Klodowski Jr.
Buffalo Law Review
No abstract provided.
Compulsory Licensing Of A Trademark, Vincent N. Palladino
Compulsory Licensing Of A Trademark, Vincent N. Palladino
Buffalo Law Review
No abstract provided.
De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg
De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg
Buffalo Law Review
No abstract provided.
Rogers V. Exxon Research & Engineering Co.: Validity Of Pain And Suffering Damages Award Under The Age Discrimination In Employment Act Of 1967, Catherine G. Novack
Rogers V. Exxon Research & Engineering Co.: Validity Of Pain And Suffering Damages Award Under The Age Discrimination In Employment Act Of 1967, Catherine G. Novack
Buffalo Law Review
No abstract provided.
Securities Law—Damages For Violation Of Section 14(E) Of The Securities Exchange Act Of 1934: Chris-Craft Industries, Inc. V. Piper Aircraft Corporation, Mary Christine Carty
Securities Law—Damages For Violation Of Section 14(E) Of The Securities Exchange Act Of 1934: Chris-Craft Industries, Inc. V. Piper Aircraft Corporation, Mary Christine Carty
Buffalo Law Review
No abstract provided.
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
Buffalo Law Review
No abstract provided.
A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen
A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen
Buffalo Law Review
No abstract provided.
The Chilean Copper Nationalization: The Foundation For A Standard Of "Appropriate" Compensation, Alan N. Heibein
The Chilean Copper Nationalization: The Foundation For A Standard Of "Appropriate" Compensation, Alan N. Heibein
Buffalo Law Review
No abstract provided.
Originality And Monetary Remedies Under The Copyright Act, Michael A. Marra
Originality And Monetary Remedies Under The Copyright Act, Michael A. Marra
Buffalo Law Review
No abstract provided.
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Buffalo Law Review
Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).
Towards A Property Right In Employment, Philip J. Levine
Towards A Property Right In Employment, Philip J. Levine
Buffalo Law Review
No abstract provided.
Toward A Law Of Academic Status, Matthew W. Finkin
Toward A Law Of Academic Status, Matthew W. Finkin
Buffalo Law Review
No abstract provided.
Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer
Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer
Buffalo Law Review
No abstract provided.
Dissolution As A Remedy For Dissension And Deadlock In The New York Closely-Held Corporation, Daniel H. O'Connell
Dissolution As A Remedy For Dissension And Deadlock In The New York Closely-Held Corporation, Daniel H. O'Connell
Buffalo Law Review
No abstract provided.
Equity Award Of Punitive Damages—A Rare But Recurrable Instance, Robert W. Stephens
Equity Award Of Punitive Damages—A Rare But Recurrable Instance, Robert W. Stephens
Buffalo Law Review
I.H.P. Corp. v. 210 Central Park South Corp., 27 Misc.2d 964, 212 N.Y.S.2d 136 (Sup. Ct. 1961), modified, 16 A.D.2d 461, 228 N.Y.S.2d 883 (1st Dep't 1962).