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Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul 2014 University of Massachusetts School of Law

Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul

University of Massachusetts Law Review

This Article discusses the effect of the Hoffman Plastic Compounds decision on backpay as a remedy for illegal immigrants who sue their employers for lost wages. When Congress passed the Immigration Reform and Control Act of 1986 (“IRCA”), it believed it struck at the heart of illegal immigration: the search for employment in the United States. However, the IRCA did not accomplish its stated purpose. In 2002, the Supreme Court ruled that lost wages and backpay were not available as remedies to an employee who obtained a job through IRCA violation and later tried to sue his/her employer. The ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson 2014 SelectedWorks

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn McCarthy 2014 University of Massachusetts School of Law

Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy

University of Massachusetts Law Review

In the later part of 2012, news and media outlets gave widespread attention to the fact that people were living rent-free in homes across the United States while the property owners were left with the burden of evicting the unwanted company in order to gain rightful possession to their property. These stories were not isolated to low incomes areas. News broadcasts shed light on squatters making camp in high-end realty valued in the millions. At the same time, news outlets in the United Kingdom were reporting on the squatting topic, but with a different angle – a recent law criminalizing squatting ...


Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen 2014 University of Michigan Law School

Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen

University of Michigan Journal of Law Reform

Punitive damages are traditionally understood, at least in part, as damages designed to punish. It should therefore come as no surprise that, in the majority of states that have decided the issue, courts have chosen not to allow punitive damage awards against the estates of deceased tortfeasors. After all, the tortfeasor can no longer be punished (at least by tort awards). Nonetheless, punitive damages can also serve other purposes, such as deterrence. This Note argues that Michigan, a state which has not yet taken a stance, should adopt the minority position that allows punitive damages to be awarded against estates ...


An Amnesty Approach To Implicit Bias And Isms In Mediation Design, Elayne E. Greenberg 2014 SelectedWorks

An Amnesty Approach To Implicit Bias And Isms In Mediation Design, Elayne E. Greenberg

Elayne E Greenberg

The failure of our legal system to interpret anti-discrimination laws in a way that protects many employees from workplace discrimination coupled with growing cross-disciplinary research that clarifies workplace discrimination as a primarily unconscious process calls out for a different approach to address the unconscious discrimination that remains the heart of workplace discrimination. Quashing workplace discrimination caused by unconscious biases will require us to abandon the status quo approach of litigating and blaming for discriminatory acts caused by an unconscious bias and try a different approach. This dispute resolution systems designer proposes an amnesty-centered mediation approach as part of a purposeful ...


Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, ‎Oxford, Oxford University Press (Dec. 2013). ‎, Itzchak Kornfeld 2014 SelectedWorks

Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, ‎Oxford, Oxford University Press (Dec. 2013). ‎, Itzchak Kornfeld

Itzchak E. Kornfeld

This book review of an extremely timely, far-reaching and comprehensive book by Professor Laurence Boisson de Chazournes, titled Fresh Water in International Law, by an expert in the field. Today, in an era of climate change, wide spread droughts across the globe, the fate of fresh water, which is a fixed resource and is the source of life, is an ominous problem in and for international law. Boisson de Chazournes addresses issues related to treaty design and interpretation, case law, UN initiatives, human rights issues and the development of the human right to water. The author also stresses that today ...


Los Tormentos De La Teoría Del Contacto Social: Contextualizando (Otra Vez) Una Categoría Jurídica, Renzo E. Saavedra Velazco 2014 Latin American and Caribbean Law and Economics Association

Los Tormentos De La Teoría Del Contacto Social: Contextualizando (Otra Vez) Una Categoría Jurídica, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.


What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans 2014 College of William & Mary Law School

What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans

William and Mary Law Review

No abstract provided.


An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar 2014 College of William & Mary Law School

An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

William and Mary Law Review

No abstract provided.


What Is An Accident?, daniel b. yeager 2014 SelectedWorks

What Is An Accident?, Daniel B. Yeager

daniel b yeager

Please consider for publication my attached 5000-word, 28-page, lightly annotated (39 footnotes) Essay, entitled “What Is an Accident?”

Here I attempt to decode the most frequently proferred excuse in and out of law. Surprisingly, as central as accidents are to questions of responsibility, their criteria have received almost no attention at all. From what I can tell, mine is the first sustained attempt to identify the grammar of accidents, an endeavor that follows up on similar efforts to do the same with the excuse of mistake in my book J.L. Austin and the Law: Exculpation and the Explication of ...


Auctioning Class Settlements, Jay Tidmarsh 2014 Notre Dame Law School

Auctioning Class Settlements, Jay Tidmarsh

Jay Tidmarsh

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems is the issue of agency cost, in which the agents of the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals.

This Essay develops an idea that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at ...


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson 2014 SelectedWorks

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”

Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...


An Exploration Of “Non-Economic” Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar 2014 Duke Law

An Exploration Of “Non-Economic” Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

Faculty Scholarship

Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of ...


Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber 2014 DePaul University

Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber

Mark C. Weber

Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment ...


Remedial Discretion In Constitutional Adjudication, John M. Greabe 2014 SelectedWorks

Remedial Discretion In Constitutional Adjudication, John M. Greabe

John M Greabe

Courts frequently withhold remedies for meritorious assertions of constitutional right. The practice is often unobjectionable. Indeed, it is a systemic necessity if constitutional law is to remain vibrant. Without it, judges surely would be less inclined to engage in constitutional innovation. But just as surely, the practice is not available for all types of constitutional claim. For instance, the subject of a criminal indictment is always entitled to dismissal of the charges if the statute authorizing the prosecution is unconstitutional.

The Supreme Court has experimented with various approaches to withholding constitutional remedies. The Warren Court embraced the practice of issuing ...


Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman 2014 Washington and Lee University School of Law

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman

Faculty Scholarship

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies ...


Protecting Freedom Of Testation: A Proposal For Law Reform, Eike G. Hosemann 2014 University of Michigan Law School

Protecting Freedom Of Testation: A Proposal For Law Reform, Eike G. Hosemann

University of Michigan Journal of Law Reform

This Article addresses a problem ever more pressing in wealthy and aging societies like the United States: interference with freedom of testation by the use of wrongful means such as undue influence or will forgery to acquire benefits through inheritance. A detailed analysis of the remedies against interference with freedom of testation under inheritance law, tort law, and equity reveals that there is currently a significant under-deterrence of this undesirable behavior. Hence, this Article proposes a new remedy in order to protect freedom of testation more effectively: a disinheritance statute barring wrongdoers that have infringed upon someone’s freedom of ...


To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day 2013 Seattle University School of Law

To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day

Seattle Journal for Social Justice

No abstract provided.


The Future Of Classwide Punitive Damages, Catherine M. Sharkey 2013 NELLCO

The Future Of Classwide Punitive Damages, Catherine M. Sharkey

New York University Law and Economics Working Papers

Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed on punitive damages. Thus, it would seem that the prospects for punitive damages classes are even grimmer than for class actions generally.

This conventional picture misunderstands the role of punitive damages and, in particular, the relationship between class actions and punitive damages. It either ignores or underestimates the distinctly societal element of punitive damages, which makes them especially conducive to aggregate treatment. Furthermore, punitive damages classes offer a solution to the constitutional ...


The Future Of Classwide Punitive Damages, Catherine M. Sharkey 2013 NELLCO

The Future Of Classwide Punitive Damages, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed on punitive damages. Thus, it would seem that the prospects for punitive damages classes are even grimmer than for class actions generally.

This conventional picture misunderstands the role of punitive damages and, in particular, the relationship between class actions and punitive damages. It either ignores or underestimates the distinctly societal element of punitive damages, which makes them especially conducive to aggregate treatment. Furthermore, punitive damages classes offer a solution to the constitutional ...


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