Law Commons^™

Public Procurement And Remedies, Emanuela A. Matei

Emanuela A. Matei

No abstract provided.

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.

In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis

John F. Preis

Remedies - The Law School Course, Doug Rendleman

Doug Rendleman

None available.

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 …

Remedies: A Guide For The Perplexed, Doug Rendleman

Doug Rendleman

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …

Rejecting Property Rules-Liability Rules For Boomer's Nuisance Remedy: The Last Tour You Need Of Calabresi And Melamed's Cathedral, Doug Rendleman

Doug Rendleman

This draft article analyzes and criticizes the New York court’s tort remedies in its nuisance decision, Boomer v. Atlantic Cement, and Calabresi and Melamed’s famous law-and-economics article, One View of the Cathedral. From the Remedies branch of Legal Realism, this draft finds both wanting because both subordinate the winning plaintiffs’ injunction remedy to money damages. Both the Boomer decision and the Cathedral article undervalue public health and environmental protection. This mindset militates against robust and effective private-law remedies for defendants’ environmental torts. In addition, the Cathedral article’s four-rule organization and vocabulary are confusing and misleading. In particular its Rule 1) …

Remedies - The Law School Course, Doug Rendleman

Doug Rendleman

None available.

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 …

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 …

Teaching Remedies As Problem-Solving: Keeping It Real, Tracy A. Thomas

Tracy A. Thomas

I began teaching Remedies as a problem-solving course over a decade ago. I was then in my third year of teaching and found that the Remedies course just wasn’t clicking. The students, mostly third-years, were bored with the Socratic method and seemingly resistant to the demands of this important course. My teaching grew more cumbersome as I waded deeper into the mire of the complexities of a transsubstantive field. Remedies class felt like a slog in the mud for all of us. After just a few years with the course, I thought there had to be a better way. I …

Veil-Piercing Unbound, Peter B. Oh

Peter B. Oh

Veil-piercing is an equitable remedy. This simple insight has been lost over time. What started as a means for corporate creditors to reach into the personal assets of a shareholder has devolved into a doctrinal black hole. Courts apply an expansive list of amorphous factors, attenuated from the underlying harm, that engenders under-inclusive, unprincipled, and unpredictable results for entrepreneurs, litigants, and scholars alike. Veil-piercing is misapplied because it is misconceived. The orthodox approach is to view veil-piercing as an exception to limited liability that is justified potentially only when the latter is not, a path that invariably leads to examining …