Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies Jan 2018

Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe Aug 2017

Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."


You're It: Tag Jurisdiction Over Corporations In Canada, Tanya Monestier May 2017

You're It: Tag Jurisdiction Over Corporations In Canada, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


The Riddle Of Harmless Error Revisited, John M. Greabe Mar 2016

The Riddle Of Harmless Error Revisited, John M. Greabe

Law Faculty Scholarship

Half a century ago, in Chapman v. California, the Supreme Court imposed on appellate courts an obligation to vacate or reverse criminal judgments marred by constitutional error unless the government demonstrates that the error was harmless beyond a reasonable doubt. But the Court did not explain the juridical status of this obligation or its relation to the federal harmless-error statute, 28 U.S.C. § 2111. In the intervening years, commentators have struggled to make sense of Chapman. Some see it as a constitutional mandate. Others view it as an example of constitutional common law. In THE RIDDLE OF HARMLESS ERROR, written …


Contraceptive Sabotage, Leah A. Plunkett Jan 2014

Contraceptive Sabotage, Leah A. Plunkett

Law Faculty Scholarship

This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …


From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung Oct 2009

From Feudal Land Contracts To Financial Derivatives: The Treatment Of Status Through Specific Relief, John J. Chung

Law Faculty Scholarship

No abstract provided.


What Is Specific About Specific Restitution, Colleen P. Murphy Mar 2009

What Is Specific About Specific Restitution, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca Jan 2007

Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca

Law Faculty Scholarship

Federal Rule of Evidence 407 prohibits the introduction of subsequent remedial measures for the purposes of demonstrating negligence, culpable conduct, or product defect. But the rule breaks down, in application and purpose, when a defendant undertakes the new safety measure after the plaintiff's injury, but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety for a variety of reasons. Toxic exposure cases, where exposure often predates diagnosis of the injury by a decade or more, represent a prime example of cases where defendants are likely to …


Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy Jan 2006

Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Money As A "Specific" Remedy, Colleen P. Murphy Jan 2006

Money As A "Specific" Remedy, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy Nov 2004

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy Nov 2004

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


The "Bedbug" Case And State Farm V. Campbell, Colleen P. Murphy Apr 2004

The "Bedbug" Case And State Farm V. Campbell, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


The Use Of Prior Convictions After Apprendi, Colleen P. Murphy Apr 2004

The Use Of Prior Convictions After Apprendi, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Misclassifying Monetary Restitution, Colleen P. Murphy Oct 2002

Misclassifying Monetary Restitution, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy Jan 2002

Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy Dec 2000

Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.