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Saving Charitable Settlements, Christine P. Bartholomew 2015 SUNY Buffalo Law School

Saving Charitable Settlements, Christine P. Bartholomew

Fordham Law Review

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 ...


From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs 2015 William & Mary Law School

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs

Michigan Journal of International Law

The ICC is well known in international legal circles. Indeed, everyone who knows anything about international law knows that the ICC is the acronym for the International Criminal Court, the body charged with prosecuting international crimes around the globe. Created in 2002, the ICC was intended to “put an end to impunity” for the perpetrators of international crimes” and to affirm “that the most serious crimes of concern to the international community as a whole must not go unpunished.”1 Imagine, however, a world where the “ICC” instead was an acronym for the International Compensation Court. That is, what if ...


Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson 2015 University of Pittsburgh - Main Campus

Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson

Sara L Crewson

Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation ...


United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis 2015 University of Florida

United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis

Georgia Journal of International & Comparative Law

No abstract provided.


Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase 2015 University of Tennessee, Knoxville

Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase

Robert M Lloyd

ABSTRACT

Recovery of Damages for Lost Profits: The Historical Development

The rule of Hadley v. Baxendale is widely considered the most important rule of contract damages. In fact, however, the rule that damages must be proven with reasonable certainty is far more important in the modern practice of law. The reasonable certainty rule originated in Roman law and came to the common law through the civil law of Western Europe, developing first in the United States and spreading from the United States to England.

The rule of Hadley v. Baxendale developed much in the same way, and, contrary to popular ...


Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele 2015 Faulkner University School of Law

Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele

Layne S. Keele

In Apple, Inc. v. Motorola, Inc., 757 F.3d 1286 (Fed. Cir. 2014), the four federal judges who considered the case—Judge Posner by designation at the trial level, and three Federal Circuit judges on appeal—all expressed differing opinions on the question of whether and to what extent extraordinary patent remedies should be available for the infringement of standard-essential patents. This article aims to simplify this muddled and confusing topic.

The article employs a teleological approach, examining the purposes behind remedies in general, the purposes of extraordinary remedies in patent law, and the purposes of RAND commitments (commitments to ...


Agencies, Courts, And The Limits Of Balancing, Daniel A. Farber 2015 Berkeley Law

Agencies, Courts, And The Limits Of Balancing, Daniel A. Farber

Daniel A Farber

Courts have struggled in several very different contexts to determine when a decision maker can consider costs that are not explicitly addressed in the governing statute. This issue arises when agencies decide whether to conduct a rulemaking or what rule to issue after a rulemaking. It also arises when courts decide whether to enjoin a violation of a statute or whether to vacate an administrative rule rather than simply remanding. Judicial opinions point in different directions and often ignore each other.

This Article contends that the same principles should govern judicial and agency discretion to consider costs across all these ...


Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens 2015 University of Georgia School of Law

Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens

Georgia Journal of International & Comparative Law

No abstract provided.


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal 2015 Nevada Law Journal

Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal

Nevada Supreme Court Summaries

The Court determined that (1) the appellant exhausted administrative remedies for his improper finding of guilt claim; (2) the appellant exhausted administrative remedies for his improper filing, failure to correct, and First Amendment claims; and (3) the appellant failed to state a due process claim.


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings 2015 University of Georgia School of Law

International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings

Georgia Journal of International & Comparative Law

No abstract provided.


Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto 2015 Northwestern University School of Law

Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto

Northwestern University Law Review

No abstract provided.


Public Standards And Patent Damages, 14 J. Marshall Rev. Intell. Prop. L. 199 (2015), Ben Johnson 2015 The John Marshall Law School

Public Standards And Patent Damages, 14 J. Marshall Rev. Intell. Prop. L. 199 (2015), Ben Johnson

The John Marshall Review of Intellectual Property Law

Some markets require legislation in order to exist. The products and/or services offered by those markets may be covered by one or more letters patent. In certain of those markets, a situation arises in which a private party owns a right to exclude others from participating in that publicly-enabled market. These situations may be referred to “public standards.” Like their cousins in the private sector, public standards require special consideration when it comes to determining potential compensation to the patentee from its competitors. Following the lead of the Western District of Washington, this paper recommends a modification of the ...


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali 2014 Touro College Jacob D. Fuchsberg Law Center

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Measuring Enrichment Liability In The Context Of Unfinished Construction Projects, Aimite Jorge 2014 University of Namibia

Measuring Enrichment Liability In The Context Of Unfinished Construction Projects, Aimite Jorge

Aimite Jorge

Abstract: Most aspects of construction projects mainly fall under contractual regime. However, when things go wrong such as when the project is abandoned for various reasons, they may create two different scenarios: a contract that is breached and a fixed structure that is left on the land which may constitute an incomplete benefit that is acquired by one of the parties. The transfer of such benefit is initially made with a legal ground, but that ground has since ceased to exist. If some aspect of that benefit cannot be recovered under a contract, enrichment rules may be competent to solve ...


The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh 2014 University of Georgia School of Law

The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh

Georgia Journal of International & Comparative Law

No abstract provided.


Las Relaciones Contractuales De Hecho Y El Contacto Social: ¿Instituciones Incomprendidas?, Renzo E. Saavedra Velazco 2014 Pontificia Universidad Católica del Perú

Las Relaciones Contractuales De Hecho Y El Contacto Social: ¿Instituciones Incomprendidas?, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.


El Artículo 190 Del Código Civil: De La Lógica De Un Concepto A La Ilógica De Un Sistema, Jose Gabriel Rivera 2014 Université de Nancy 2 y Université de Strasbourg

El Artículo 190 Del Código Civil: De La Lógica De Un Concepto A La Ilógica De Un Sistema, Jose Gabriel Rivera

Jose L. Gabriel Rivera

No abstract provided.


The Chilean Apples Case: An Individual's Right To Claim Damages From The European Community Institutions For Non-Contractual Liability Is Expanded. Sofrimport S.A.R.L. V. Commission Of The European Communities, No. C-152/88, Slip Op. At 80, [1990] 3 Comm. Mkt. L. Rep. 946 (Eur. Comm. Ct. J. June 26, 1990)., Douglas C. Turner 2014 University of Georgia School of Law

The Chilean Apples Case: An Individual's Right To Claim Damages From The European Community Institutions For Non-Contractual Liability Is Expanded. Sofrimport S.A.R.L. V. Commission Of The European Communities, No. C-152/88, Slip Op. At 80, [1990] 3 Comm. Mkt. L. Rep. 946 (Eur. Comm. Ct. J. June 26, 1990)., Douglas C. Turner

Georgia Journal of International & Comparative Law

No abstract provided.


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