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- Restatement (Third) of the Law of Restitution and Unjust Enrichment (Proposed) (4)
- Economics (2)
- Restitution (2)
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Articles 1 - 20 of 20
Full-Text Articles in Law
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
Washington and Lee Law Review
No abstract provided.
A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell
A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell
Washington and Lee Law Review
In the Restatement (Third) of Restitution and Unjust Enrichment, breach of contract is regarded as a "wrong," and, in response to the perceived shortcomings of the current law of remedies based on compensatory damages, the proposed Section 39 seeks to provide for disgorgement of profit as an alternative remedy for "opportunistic" breach. In so doing, the Restatement is substantially repeating the argument for the extension of restitutionary remedies for breach of contract which recently has had great success in the Commonwealth. The restitutionary criticism of compensatory damages is, at root, that those damages are unable to prevent important forms of …
Translocations And Inertia, W. F. Young
Translocations And Inertia, W. F. Young
Washington and Lee Law Review
No abstract provided.
Three Restatements Of Restitution, Andrew Kull
Three Restatements Of Restitution, Andrew Kull
Washington and Lee Law Review
No abstract provided.
A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni
Washington and Lee Law Review
No abstract provided.
Indeterminacy And The Law Of Restitution, James Steven Rogers
Indeterminacy And The Law Of Restitution, James Steven Rogers
Washington and Lee Law Review
No abstract provided.
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
Washington and Lee Law Review
No abstract provided.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
Washington and Lee Law Review
This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in bankruptcy …
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Washington and Lee Law Review
No abstract provided.
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Washington and Lee Law Review
No abstract provided.
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
Washington and Lee Law Review
No abstract provided.
The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz
The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz
Washington and Lee Law Review
No abstract provided.
In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian
In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian
Washington and Lee Law Review
No abstract provided.
Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey
Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey
Washington and Lee Law Review
No abstract provided.
Prospects For A General Theory Of Economic Regulation, Thomas D. Barton
Prospects For A General Theory Of Economic Regulation, Thomas D. Barton
Washington and Lee Law Review
No abstract provided.
Force, Stanley E. Fish
Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty
Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty
Washington and Lee Law Review
No abstract provided.
The American Commonwealth. By Louis Heren, Donald M. Borrock
The American Commonwealth. By Louis Heren, Donald M. Borrock
Washington and Lee Law Review
No abstract provided.
The American Jury, By Harry Kalven, Jr. And Hans Zeisel
The American Jury, By Harry Kalven, Jr. And Hans Zeisel
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]
Washington and Lee Law Review
No abstract provided.