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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll Jan 1986

Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll

All Faculty Scholarship

This article explores the issue of gray-market imports. The author explains the four causes of gray-market imports and explores the possibility of private remedies in order to stem the flow of these imports. The article then turns to the possibility of protection in the public sector by discussing pertinent statutory provisions and the development of the case law in this area.


Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank Jan 1986

Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Rethinking The Theory Of Legal Rights, Jules S. Coleman, Jody S. Kraus Jan 1986

Rethinking The Theory Of Legal Rights, Jules S. Coleman, Jody S. Kraus

Faculty Scholarship

In the economic approach to law, legal rights are designed, in part, to overcome the conditions under which markets fail. In correcting for market failure, economic analysis endorses two rules for assigning legal rights. The first specifies the allocation of rights under conditions of rational cooperation, full information and zero transaction costs. Provided that exchange is available and that obstacles to exercising it are insignificant, rational cooperators will negotiate around inefficiencies. Under these conditions, legal rights are not assigned in order to establish optimal levels of resource deployment directly; rather, they establish well-defined entitlements or negotiation points which create a …