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Articles 1 - 5 of 5
Full-Text Articles in Law
Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull
Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull
St. Mary's Law Journal
Abstract forthcoming.
Retroactive Adjudication, Samuel Beswick
Retroactive Adjudication, Samuel Beswick
All Faculty Publications
This Article defends the retroactive nature of judicial lawmaking. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, does it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers no adequate answer. In attempting to articulate a law of non-retroactivity, the Supreme Court has cycled through five flawed frame-works. It has variously characterized adjudicative non-retroactivity as (1) a problem of legal philosophy; (2) a discretionary exercise for balancing competing right and reliance interests; (3) a …
Restitutionary Remedies In Three-Party Cases: A Comparative Perspective, John D. Mccamus
Restitutionary Remedies In Three-Party Cases: A Comparative Perspective, John D. Mccamus
FIU Law Review
No abstract provided.
Contracts And Covid-19, Andrew A. Schwartz
Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson
Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson
FIU Law Review
No abstract provided.