Law Commons^™

Remedies Unified In Nine Verses, Caprice Roberts

Caprice L. Roberts

An original substantive poem with footnotes that makes three bold claims: (i) Remedies shapes substantive rights, (ii) the scholarly quest for a unified theory of Remedies is ill-fated, and (iii) Remedies properly reasoned will unify across borders, doctrinal and geographic.

Do The Right Thing: Indirect Remedies In Private Law, Daphna Lewinsohn-Zamir

Daphna Lewinsohn-Zamir

Private law provides diverse remedies for right violations: compensatory and punitive, monetary and non-monetary, self-help and court-awarded. The literature has discussed these (and other) classifications of remedies, yet it overlooked the important distinction between direct and indirect remedies. Some remedies directly order right-infringers to realize the desired outcome, while others bring it about indirectly, by inducing them to self-comply. This classification cuts across the traditional ones.

This Article fills the gap in the literature by introducing the novel category of indirect remedies. It identifies how indirect remedies are used in current legal rules—with examples from property, contract, torts, intellectual property …

The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun

Daniel M Braun

The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …

Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero

Indra Lusero

With millions of women experiencing primary c-sections every year, millions more face repeat surgery for subsequent births. Because of hospital bans on vaginal birth after cesarean (VBAC), many of these women will have no option to give birth vaginally. Women are looking for remedies to this invasion of their right to informed consent. This article explores the two main avenues for making a torts claim against the hospital for such a ban: corporate negligence and vicarious liability. Through an exploration of the relevant case law in these areas, the significant opportunities and challenges of tort remedies for hospital VBAC bans …

Coase V. Pigou: A Still Difficult Debate, Enrico Baffi

enrico baffi

This paper examines the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is possible to reach marginal efficiency through taxes or responsibility. It’s interesting that Coase, who has elaborated the famous theorem, is convinced that is not possible to reach the efficiency at the margin every time and that sometimes is necessary a valuation at the total, that tells us which solution is …

Shedding Light On The Reliance Interest, Dr. Yehuda Adar

Yehuda Adar Dr.

No abstract provided.

The Equal Employment Opportunity Commission And Structural Reform Of The American Workplace, Margo Schlanger, Pauline Kim

Margo Schlanger

In 2011, the United States Supreme Court struck down a class action suit alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions, making it more difficult to obtain certification of private employment discrimination class actions. As a result, the role of the Equal Employment Opportunity Commission in seeking structural reform of the workplace, always of substantial influence, has gained in comparative importance. Yet there is remarkably little written about the EEOC’s large-scale injunctive cases. This Article addresses this major gap in scholarship. Using both qualitative case studies and a new quantitative dataset, we test existing theories …

Cleaning Up Oil Spill Liability Through Commercial Quasi-Property Rights, Troy S. Brown

Troy S Brown

The pure economic loss rule, embodied in Robins Dry Dock v. Flint, has denied many individuals and businesses who commercially use and rely upon oil spill damaged land and resources, because their economic losses were unaccompanied by physical injury. In passing the Oil Pollution Act of 1990, the U.S. Congress sought to ameliorate the harshness of the pure economic loss rule by creating §2702(b)(2)(E), a cause of action to recover such economic losses, even in the absence of a recognized proprietary interest in an affected resource. However, the persistence of the pure economic loss rule, the Oil Pollution Act’s vague …