Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 5 of 5
Full-Text Articles in Law
Remedying Our Fragmented Governmental Structures To Deal With Our Nation-On-Edge Problems, Jeffrey G. Miller
Remedying Our Fragmented Governmental Structures To Deal With Our Nation-On-Edge Problems, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring unique local solutions. In this Article, Jeffrey G. Miller challenges this assumption, reasoning that a flexible framework of federal regulations would indeed be effective at remedying these problems. He suggests that such a framework could be modeled after the Clean Water Act's (CWA's) point source pollution control regime. A permitting system similar to that set out in the CWA would promote best management practices while still allowing local entities the freedom to determine …
Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson
Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
The use of remittitur and additur in American jurisprudence is based upon Justice Story's "very limits of the law" in conjunction with the constraints of the seventh amendment. This author states that since additur is not presently being used as a procedural devise and remittitur is premised on the same principles, the current use of remittitur should be eliminated.
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The decision of the House of Lords in Junior Books Ltd. v. Veitchi Ltd. represents an unwarranted development in the law of tort and contract, unless its rationale and limitations are fully appreciated. This reform in such an important area is premature "in the absence of hard data on the probable impact of such an extension of liability.” Much of the published commentary on recovery of economic loss in tort, and on this decision in particular, has been written from the ex post perspective of accident compensation doctrine and theory. Most writers have been concerned with the development of positive …
The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen
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 …
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.