Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (26)
- Selected Works (21)
- Washington and Lee University School of Law (21)
- Cornell University Law School (4)
- Florida International University College of Law (3)
-
- Pepperdine University (3)
- Vanderbilt University Law School (3)
- American University Washington College of Law (2)
- Golden Gate University School of Law (2)
- The University of Akron (2)
- University of Colorado Law School (2)
- Chicago-Kent College of Law (1)
- Emory University School of Law (1)
- Mitchell Hamline School of Law (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- Singapore Management University (1)
- St. Mary's University (1)
- The Peter A. Allard School of Law (1)
- Trinity College (1)
- University of Denver (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (19)
- Washington and Lee Law Review (15)
- Doug Rendleman (12)
- Scholarly Articles (6)
- Cornell Law Faculty Publications (4)
-
- Emily L Sherwin (4)
- Articles (3)
- FIU Law Review (3)
- Pepperdine Law Review (3)
- Vanderbilt Law Review (3)
- Cal Law Trends and Developments (2)
- Michigan Journal of International Law (2)
- Publications (2)
- Reviews (2)
- Akron Law Faculty Publications (1)
- All Faculty Publications (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Amy J. Sepinwall (1)
- Ana Filipa Vrdoljak (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Candace Kovacic-Fleischer (1)
- Chicago-Kent Law Review (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- John D. McCamus (1)
- Mary Margaret Giannini (1)
- Research Collection Yong Pung How School Of Law (1)
- Russell L. Weaver (1)
- Seattle University Law Review (1)
- Senior Theses and Projects (1)
- Publication Type
- File Type
Articles 1 - 30 of 101
Full-Text Articles in Law
The Waiting Game: Who Benefits From Recovered Assets Associated With Venezuelan State Corruption? Remission As A Solution, Alejandro Rodriguez Vanzetti
The Waiting Game: Who Benefits From Recovered Assets Associated With Venezuelan State Corruption? Remission As A Solution, Alejandro Rodriguez Vanzetti
FIU Law Review
The Bolivarian Republic of Venezuela (“Venezuela”) has, and continues to undergo, significant political and economic challenges stemming from government corruption. In response, the United States government has seized assets of current or former Venezuelan state officials associated with criminal wrongdoing, imposed sanctions on Nicolas Maduro’s government, and proposed legislation to combat corruption. The Department of Justice (“DOJ”) has led dozens of prosecutions against those responsible for these crimes through its use of asset forfeiture, a critical tool in the recovery of illicit proceeds. An estimated $300 billion of these assets are held in South Florida alone, with $1.5 billion identified …
Memorandum Of Amici Curiae Doug Rendleman & Caprice Roberts In Support Of Plaintiff: Estate Of Henrietta Lacks V. Thermo Fisher Scientific, Doug Rendleman, Caprice Roberts
Memorandum Of Amici Curiae Doug Rendleman & Caprice Roberts In Support Of Plaintiff: Estate Of Henrietta Lacks V. Thermo Fisher Scientific, Doug Rendleman, Caprice Roberts
Scholarly Articles
This brief addresses the law of unjust enrichment and its relationship to restitution has failed to state a valid cause of action for restitution relief. Defendant incorrectly insists that plaintiff must plead a tort to seek restitution remedies as well as Both arguments belie the basic tenets of unjust enrichment law. Simply, plaintiff may seek restitution remedies based either a separate tort nor an allegation of the lack of bona fide purchaser status is required to survive these challenges.
The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon
The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon
Senior Theses and Projects
Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …
Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder
Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder
Articles
In two recent cases, Kokesh v. SEC, and Liu v. SEC, the U.S. Supreme Court cut back substantially on one of the Securities and Exchange Commission’s most important enforcement powers. This is the ability to seek disgorgement from persons who violate the federal securities laws, depriving them of their ill-gotten gains.
Previously, the Supreme Court had developed a largely property-based theory of insider trading. Why is insider trading evil? Because material nonpublic information is property that the trader has fraudulently obtained and must not use for his own purposes
In this article I bring these thoughts together. I …
Victims’ Rights In The Diversion Landscape, Kay L. Levine
Victims’ Rights In The Diversion Landscape, Kay L. Levine
Faculty Articles
In this Article, I explore the practical and theoretical conflicts that might surface when the diversion movement and the Victims’ Rights Movement intersect. I focus on two possible sites of tension: victim input into the diversion offer and the victim’s right to receive restitution as a term of diversion. Protocols to give victims greater voice in the justice process have been a mainstay of the burgeoning Victims’ Rights Movement for the past several decades, but I argue that those protocols must be understood within (and thus limited by) the contexts of fiscal responsibility, compassion for the offender, and proportionality in …
Privacy Losses As Wrongful Gains, Bernard Chao
Privacy Losses As Wrongful Gains, Bernard Chao
Sturm College of Law: Faculty Scholarship
Perhaps nowhere has the pace of technology placed more pressure on the law than in the area of data privacy. Huge data breaches fill our headlines. Companies often violate their own privacy policies by selling customer data, or by using the information in ways that fall outside their policy. Yet, even when there is indisputable misconduct, the law generally does not hold these companies accountable. That is because traditional legal claims are poorly suited for handling privacy losses.
Contract claims fail when privacy policies are not considered contractual obligations. Misrepresentation claims cannot succeed when customers never read and rely on …
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.
Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver
Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Chicago-Kent Law Review
No abstract provided.
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
John D. McCamus
No abstract provided.
The Civil Redress And Historical Memory Act Of 2029: A Legislative Proposal, William J. Aceves
The Civil Redress And Historical Memory Act Of 2029: A Legislative Proposal, William J. Aceves
University of Michigan Journal of Law Reform
During the extant “War on Terror,” U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact, innocent. They were eventually released and were never charged by the United States with any crime. Despite their innocence, the United States has failed to provide them with any form of redress for their mistreatment. The Bush, Obama, and Trump administrations refused to apologize …
Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes
Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman
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
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
Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman
Doug Rendleman
No abstract provided.
Remedies: A Guide For The Perplexed, Doug Rendleman
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 …
Restitution [2014], Man Yip
Restitution [2014], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling
Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling
Washington and Lee Law Review
No abstract provided.
Reparations And Unjust Enrichment, Emily Sherwin
Reparations And Unjust Enrichment, Emily Sherwin
Emily L Sherwin
Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle for reparations claims based on slavery and similar large-scale historical injustices. The justifying principle behind restitution—prevention of unjust enrichment—lacks the moral force necessary to resolve a controversial public dispute about moral rights and obligations among segments of society. At its core, a claim to restitution is an attempt to right a wrong not by alleviating the adverse consequences to oneself, but by diminishing the position of others. In other words, the notion of unjust enrichment is a comparative idea that draws on resentment and the desire …
Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild
Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild
Emily L Sherwin
No abstract provided.
Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin
Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin
Emily L Sherwin
No abstract provided.
Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin
Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin
Emily L Sherwin
No abstract provided.
Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini
Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini
Mary Margaret Giannini
Third Time's The Charm: The Coming Impact Of The Restatement (Third) Restitution And Unjust Enrichment In Bankruptcy, C. Scott Pryor
Third Time's The Charm: The Coming Impact Of The Restatement (Third) Restitution And Unjust Enrichment In Bankruptcy, C. Scott Pryor
Pepperdine Law Review
Bankruptcy courts have frequently been characterized as courts of equity. Often this characterization has accompanied unusually relaxed interpretation or application of a provision of the Bankruptcy Code. However, this understanding does not exhaust the meaning of equity in bankruptcy. Historically, equity covered a large range of topics–trusts and estates, injunction, contracts, specific performance, unjust enrichment, restitution, and disgorgement. In addition, equity was not limited to particular remedies. Equity’s remedies certainly included money damages but recognized many more. The law of equity was substantive as well as remedial; it recognized primary rights as well as secondary rights of rectification. Among equity's …
Remedies: A Guide For The Perplexed, Doug Rendleman
Remedies: A Guide For The Perplexed, Doug Rendleman
Scholarly Articles
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 …
Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Doug Rendleman
No abstract provided.