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Articles 1 - 15 of 15
Full-Text Articles in Legal Remedies
Recent Cases, Theodore Brown, Jr., Janet R. Necessary
Recent Cases, Theodore Brown, Jr., Janet R. Necessary
Vanderbilt Law Review
Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are …
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Michigan Law Review
This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …
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.
Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman
Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Punitive Damages In Products Liability Litigation, David G. Owen
Punitive Damages In Products Liability Litigation, David G. Owen
Michigan Law Review
This article will first explore the doctrine of punitive damages and its compatibility with the theories of products liability. The functions of punitive damages and their applicability in the products liability context will then be examined, with particular consideration given to the three complicating factors raised by Judge Friendly in Roginsky. In the following section attention will focus on the various contexts in which manufacturer misconduct has arisen in the reported decisions and a number of unreported cases that have involved this issue. Finally, guidelines will be developed from these cases for determining the appropriateness of punitive damages awards …
Body Attachment And Body Execution: Forgotten But Not Gone
Body Attachment And Body Execution: Forgotten But Not Gone
William & Mary Law Review
No abstract provided.
Remittitur Practice In The Federal Courts, Irene D. Johnson
Remittitur Practice In The Federal Courts, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
The first section of this Note examines and evaluates the mechanics of remittitur procedure in the federal courts. The second section focuses on the major unresolved issue of remittitur procedure: whether a plaintiff who elects to remit is entitled to appellate review of the remittitur order. The final section of the Note evaluate remitting-plaintiff appeal procedures and suggest some ways in which federal remittitur procedure might be made more efficient and more responsive to policy objectives.
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Faculty Publications
No abstract provided.
Judicial Relief In Exclusionary Zoning Cases: Pennsylvania's Definitive Relief Approach, Jerome C. Murray
Judicial Relief In Exclusionary Zoning Cases: Pennsylvania's Definitive Relief Approach, Jerome C. Murray
Villanova Law Review
No abstract provided.
Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney
Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney
Villanova Law Review
No abstract provided.
Federal Practice And Procedure, Martin J. Kane
Federal Practice And Procedure, Martin J. Kane
Villanova Law Review
No abstract provided.
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Kentucky Law Survey: Remedies: Contribution And Apportionment Among "Joint Tortfeasors", Kenneth B. Germain
Kentucky Law Survey: Remedies: Contribution And Apportionment Among "Joint Tortfeasors", Kenneth B. Germain
Kentucky Law Journal
No abstract provided.