Law Commons^™

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Mcdonald Carano Wilson, Llp. V. Bourassa Law Group, 131 Nev. Adv. Op. 90 (December 3, 2015), Patrick Caddick

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order. The Court reversed and remanded the district court’s ruling that NRS § 18.015 does not allow an attorney to enforce a charging lien when the attorney withdrew from representation.

Emergency Takings, Brian Lee

Faculty Scholarship

No abstract provided.

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman

Mark P. Gergen

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …

Fault Lines In Trademark Default Judgments, David S. Welkowitz

Journal of Intellectual Property Law

No abstract provided.

Wph Architecture, Inc. V. Vegas Vp, Lp., 131 Nev. Adv. Op. 88 (Nov. 5, 2015), Emily Dyer

Nevada Supreme Court Summaries

The Court determined that (1) NRCP 68, NRS § 17.115, and NRS § 18.020, which allow costs and fees to be awarded in several types of district court cases, do not require an arbitrator to award fees and costs after an offer of judgment has been made; and (2) NRCP 68, NRS § 17.115, and NRS § 18.020 are substantive in their application to arbitration proceedings.

Copyright As Contract, Jeffrey L. Harrison

Journal of Intellectual Property Law

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …

Equity, Restitution And Contract Remedies: 1974-75, John Mccamus, Peter Maddaugh

John D. McCamus

No abstract provided.

Equity, Restitution And Contract Remedies: 1976-77, John Mccamus, Peter Maddaugh

John D. McCamus

No abstract provided.

Privity's Shadow: Exculpatory Terms In Extended Forms Of Private Ordering, Mark P. Gergen

Florida State University Law Review

No abstract provided.

Section 230 Of The Communications Decency Act: The True Culprit Of Internet Defamation, Heather Saint

Loyola of Los Angeles Entertainment Law Review

This Note highlights the growing concern of Internet defamation and the lack of viable legal remedies available to its victims. Internet defamation is internet speech with the purpose to disparage another’s reputation. At common law, a victim of alleged defamation has the right to file suit against not only the original speaker of the defamatory statements, but the person or entity to give that statement further publication as well. In certain cases even the distributor, such as a newspaper stand, can be held liable for a defamation claim. However, liability due to defamatory speech on the Internet is quite different. …

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 …

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Not available.

Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard

Catholic University Law Review

When parties enter into an illegal agreement and bring a dispute arising from the transaction before a court, the court finds itself in a difficult position. The court is faced with two competing interests: the importance of both upholding and protecting the dignity of the law and honoring inherent principles of U.S. contract law - freedom of contract and individual autonomy. There exists a common misconception that courts, when presented with illegal contracts, follow the rule of non-enforcement. However, an examination of case law indicates that courts are instead concerned with the consequences of their choices, and have consistently followed …

Frazier V. Drake, 131 Nev. Adv. Op. 64 (Sep. 3, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court of Appeals determined that (1) when three of the good-faith Beattie factors weigh in favor of the party that rejected the offer of judgment, the reasonableness of the fees requested by the offeror becomes irrelevant, and cannot, by itself, support a decision to award attorney fees to the offeror and (2) expert witness fees in excess of $1,500 now have factors to take into consideration in awarding such fees.

Awarding Counsel Fees; American Rule; Equitable Exceptions; Private Attorney General Theory; Limitations; Alyeska Pipeline Service Co. V. Wilderness Society, James Lockhart

Akron Law Review

THE UNITED STATES SUPREME COURT, in its decision in Alyeska Pipeline Service Co. v. Wilderness Society,' denied the federal courts the power to assess attorney's fees against a party to a suit, solely upon the court's appraisement of the social value of a successful plaintiff's suit.

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …

Torts In Sports - "I'Ll See You In Court!", John F. Carrol

Akron Law Review

This comment analyzes violence in the major professional sports of football, hockey, basketball, and baseball and the inability of the internal control systems of the various sports leagues to adequately control incidents of excessive violence. Judicial redress should be available for injuries resulting from acts committed outside of the rules of the game. The possible theories of recovery and applicable defenses to liability will be analyzed. Criminal liability also will be considered along with recently proposed congressional bills which advocate civil and criminal penalties for excessively violent acts in professional sports.

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, Alan K. Chen

Akron Law Review

This article takes the position that distant forum abuse is a practice which should be and can be halted by the employment of state consumer protection statutes. The article first lays out a history of distant forum abuse and its role as a tool for debt collection harassment. Next, it examines legal developments in this area at both the federal and state levels, and explains the need for a more wide-reaching remedy in most jurisdictions. The third section briefly addresses important aspects of procedural waivers under contract law which must be taken into account by policy-makers when fashioning new remedies …

From Market Failure To 100% Access: Toward A Civil Justice Continuum, John M. Greacen, Amy Dunn Johnson, Vincent Morris

University of Arkansas at Little Rock Law Review

No abstract provided.

Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur

University of Arkansas at Little Rock Law Review

No abstract provided.

Restitution [2014], Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

Summary Of Alper V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 43 (June 26, 2015), Scott Lundy

Nevada Supreme Court Summaries

The Court held that the district court’s order finding the judgment debtor in contempt but allowing him to purge by participating in a debtor’s examination exceeded the scope of the bankruptcy court’s lift stay order because a contempt order that permits a judgment debtor to purge incarceration is civil, not criminal, in nature.

Doing Justice In The Face Of A Disaster, John C.P. Goldberg

Akron Law Review

What follows is an edited version of comments given at the panel of the AALS Section on Remedies at the AALS annual meeting in January, 2011.

Symposium: Remedies For Big Disasters: The Bp Gulf Oil Spill And The Quest For Complete Justice, Introduction, Tracy A. Thomas

Akron Law Review

This symposium, sponsored by the Remedies Section of the Association of American Law Schools, asks the question of what “complete justice” looks like for remedies and compensation for big disasters like the BP oil spill. The contributors address whether the GCCF fund provides complete justice, and whether it should serve as a precedent for future alternative systems. Their surprising answer on both accounts is no.

Unconventional Responses To Unique Catastrophes, Kenneth R. Feinberg

Akron Law Review

Mass disasters sometimes require creative remedies. The tort system may not provide the best means of compensation in unusual situations like the Agent Orange chemical exposure litigation, the Virginia Tech shootings,the attacks of September 11th (“9/11”), and the BP oil spill. Executive compensation after the financial meltdown may also require new, innovative approaches. From my work mediating and administering these cases over the last twenty-five years, I have concluded that such alternative compensation systems are—and should be—rare.