Legal Remedies Commons^™

Piercing The Corporate Veil—The Undercapitalization Factor, Harvey Gelb

Chicago-Kent Law Review

No abstract provided.

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …

Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love

Scholarly Works

Because the current remedial scheme represents a blend of property and contract Law, an adequate assessment requires delving into the property framework that existed before its revamping by contract. In part II, therefore, the focus will be on the remedial options traditionally associated with property law.... Part III will examine the significant contract doctrines in this area of the law -- breach by anticipatory repudiation and the avoidable consequences rule. An important concern is whether the contract and property rules have been or can be melded together in an overall remedial scheme that is conceptually understandable and practically consistent in …

Awarding Attorneys' Fees To Prevailing Pro Se Litigants, Michigan Law Review

Michigan Law Review

This Note examines- the propriety of awarding attorneys' fees to prevailing pro se litigants in the federal courts. It focuses on the four major statutes under which almost all pro se cases have been filed: the Freedom of Information Act of 1974 (FOIA), the Privacy Act of 1974 (Privacy Act), the Civil Rights Attorney's Fees Awards Act of 1976 (CRAFAA), and the Truth in Lending Act (TILA). In so doing, it will attempt to devise common principles that can be applied to most requests for pro se attorneys' fees. Part I looks first to the statutes' language and legislative histories …

42 U.S.C. § 1983 - Exhaustion Of State Administrative Remedies, Joseph H. Chivers

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that state administrative remedies, where adequate and appropriate, must be exhausted before proceeding with a section 1983 action in a federal court.

Patsy v. Florida International University, 612 F.2d 946 (5th Cir. 1980), vacated on rehearing, 634 F.2d 900 (5th Cir. 1981), cert. granted, 50 U.S.L.W. 3213 (U.S. Oct. 5, 1981) (No. 80-1874).

The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper has, then, two major themes. In the first part I hope to elucidate the relationship of political, legal, and social status associated with land ownership to the unique legal remedies - specific performance and non-recovery of damages - which society created in respect to exchanges of land (and thus exchanges of status) for money. In the conclusion I examine the transformation of legal rules applied to agreements in which labour is exchanged for money. If, in fact, property rules in contract evolved in response to the political, legal, and social attributes of land ownership, then one may be …

Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith

Seattle University Law Review

This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct …

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly

UIC Law Review

No abstract provided.

Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul

Seattle University Law Review

This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.

Torts - Damages - Procedure Of Discounting Damage Awards To Present Value Abandoned Under Federal Law In Order To Account For The Effect Of Future Inflation, Tracy M. Blake

Villanova Law Review

No abstract provided.

The Wandering Labor Exemption Under Antitrust Law, 15 J. Marshall L. Rev. 591 (1982), Joseph M. Jacobs

UIC Law Review

No abstract provided.

Prohibition: The Elusive And Misunderstood Writ, David W. Clarke

University of Richmond Law Review

To many legal practitioners the writ of prohibition remains an enigma. Seldom used and even less often understood, this extraordinary remedy at law has long been recognized in Virginia as a tool with which to restrain an offending court from unwarranted conduct. Used properly, the writ will encourage the due and regular administration of justice by confining each tribunal to the exercise of those powers with which it has been entrusted under the constitution and laws of the state. The writ has been defined by the Virginia Supreme Court as "a proceeding between two courts-a superior and an inferior-and is …

Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein

Publications

No abstract provided.

The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady

UIC Law Review

No abstract provided.

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

Administrative Equity: An Analysis Of Exceptions To Administrative Rules, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

The Writ Of Prohibition In Arkansas, William M. Tabb

William M. Tabb

No abstract provided.