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Full-Text Articles in Law
Class Actions For Punitive Damages, Michigan Law Review
Class Actions For Punitive Damages, Michigan Law Review
Michigan Law Review
This Note argues that a Rule 23 class action offers the best way to manage multiple actions for punitive damages. It begins by examining the policy underlying punitive damages and the plaintiffs interest in recovering them. It then explains why a limited fund is created when courts deny punitive damage recovery as a matter of law or when punitive claims exceed defendant's assets. The Note contends that a Rule 23(b)(l)(B) class action provides the best means to manage this limited fund and reviews the circumstances in which a district court may properly certify a class action for punitive damages. It …
Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross
Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross
University of Michigan Journal of Law Reform
Current statutory and case law provide for the compensation of select categories of persons and entities that provide evidence to the federal government. This compensation scheme is inequitable insofar as it treats similarly situated persons and entities dissimilarly. This Note advocates the adoption of a blanket statutory provision to compensate all third party custodians for incurred costs in producing documents in compliance with a subpoena duces tecum issued on behalf of a federal authority. Part I describes the current federal reimbursement scheme. Part II examines the inequities that the current statutory scheme imposes upon similarly situated entities and argues for …
The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin
The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin
University of Michigan Journal of Law Reform
This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …
Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong
Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong
University of Baltimore Law Forum
No abstract provided.
A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales
A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales
Northwestern Journal of International Law & Business
This Article will attempt to show that, despite much scholarly disparagement of the traditional "prompt, adequate and effective" standard of compensation for expropriation, when put to the test of deciding actual cases through arbitration, international law produces results not dissimilar from what might be expected under the standard. The Article compares the law of damages in international arbitration with United States domestic law and points out their similarities.
Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review
Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review
Michigan Law Review
This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.