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Legal Remedies

Selected Works

2016

Articles 1 - 4 of 4

Full-Text Articles in Law

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper Nov 2016

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Andrew Popper

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields. This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in …

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Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect women working in bars …

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The Need For Self-Imposed Quotas In Academic Employment, Herma Hill Kay Aug 2016

The Need For Self-Imposed Quotas In Academic Employment, Herma Hill Kay

Herma Hill Kay

No abstract provided.

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Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French Dec 2015

Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French

Christopher C. French


Imagine a situation in which a homeowner hires a contractor to redo a bathroom, for example, and the work is done incompetently such that the plumbing leaks and causes damage to other parts of the house.  If the homeowner sues the contractor to recover the costs of repairing the faulty workmanship and the damage caused by the faulty workmanship, has there been an “occurrence” that is covered by the contractor’s Commercial General Liability (“CGL”) insurance policy?  This article provides an answer to that question.

The issue of whether construction defects are occurrences under CGL insurance policies has been litigated frequently …

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