Law Commons^™

Public Procurement And Remedies, Emanuela A. Matei

Emanuela A. Matei

No abstract provided.

Contratti Di Acquisizione E Rimedi Del Compratore (Seconda Parte), Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Habeas Corpus Reform In El Salvador, Mary Holper

Mary Holper

In this paper I compare the habeas corpus systems of El Salvador, the United States and Argentina. My purpose is to develop a general understanding of the procedure for bringing the writ in each country and analyze the substantive law governing the rights of habeas corpus petitioners in each country. I evaluate the systems against the backdrop of each country’s political and legal history with respect to the writ of habeas corpus. The ultimate aim of this paper is to reform the habeas corpus law of El Salvador by analyzing the Salvadoran system as compared to the Argentine and U.S. …

Contratti Di Acquisizione E Rimedi Del Compratore (Prima Parte), Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

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.

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.

Superiority As Unity, Jay Tidmarsh

Jay Tidmarsh

One of Professor Redish’s many important contributions to legal scholarship is his recent work on class actions. Grounding his argument in the theory of democratic accountability that has been at the centerpiece of all his work, Professor Redish suggests that, in nearly all instances, class actions violate the individual autonomy of litigants and should not be used by courts. This Essay begins from the opposite premise: that class actions should be grounded in the notion of social utility rather than autonomy so that class actions should be used whenever they achieve net social gains. This idea of “superiority” presents some …

Remedies Reveals The Seamless Web.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

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 …