Law Commons^™

Market Price Damages Under Ucc Article 2: Some Suggestions For The Next Revision, Henry Mather

South Carolina Law Review

No abstract provided.

Rico Trends: From Gangsters To Class Actions, Pamela Pierson

South Carolina Law Review

No abstract provided.

Using Problems To Teach Quantitative Damages In A First Year Torts Class, Paul Figley

Journal of Legal Education

No abstract provided.

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …

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 …

Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden

William & Mary Law Review

This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.

Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …

Constitutional Remedies And Public Interest Balancing, John M. Greabe

William & Mary Bill of Rights Journal

The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …

Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.

Pepperdine Law Review

No abstract provided.

Agins V. City Of Tiburon: An Aggrieved Party-Loss Of Inverse Condemnation Actions In Zoning Ordinance Disputes , Walter R. Luostari

Pepperdine Law Review

No abstract provided.

Punitive Damages And The Drunken Driver, William C. Cooper

Pepperdine Law Review

A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …

The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer

Pepperdine Law Review

After nearly a century of quiet slumber, the Supreme Court awoke the sleeping giant. In the past two decades, 42 U.S.C. §1983 has evolved into a judicial Frankenstein monster. Unable to control the beast, the Court has attempted to restrict the creature's movements by unnecessarily limiting its constitutional source. If followed to its logical conclusion, the Court's narrow reading of the Constitution may ultimately demote all due process violations to state tort remedies. This note traces the legislative and judicial evolution of section 1983 as well as the statute's present interaction with the due process clause. The vehicle for this …

Mediating The Religious Upbringing Issue In Divorce Cases, Katheryn M. Dutenhaver

Pepperdine Dispute Resolution Law Journal

The article presents information on the family dispute resolution based on divorce cases based on religion. The judicial orders in different jurisdictions related to custodial parent are considered. The difficulty facing the judges while deciding the remedies and the need of designing stand-alone dispute resolution system is discussed. The techniques utilized by the mediators in solving such disputes are also discussed.

The Liability Of Providers Of Alcohol: Dram Shop Acts?, Emery J. Mishky

Pepperdine Law Review

No abstract provided.

Consumerism And Land Sales , Leonard Levin

Pepperdine Law Review

No abstract provided.

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.

California Liquor Liability: A Decade After Coulter V. Superior Court , Darla R. Desteiguer

Pepperdine Law Review

No abstract provided.

Roadblocks To Remedies: Recently Developed Barriers To Relief For Aliens Injured By U.S. Officials, Contrary To The Founders' Intent, Gwynne L. Skinner

University of Richmond Law Review

No abstract provided.

Remedies: A Guide For The Perplexed, Doug Rendleman

Saint Louis University Law Journal

No abstract provided.

Remedies: A Course Fit For Civil Procedure Teachers, David I. Levine

Saint Louis University Law Journal

No abstract provided.

Of Carts And Horses: Organizing Remedies For The Classroom, Elaine W. Shoben

Saint Louis University Law Journal

No abstract provided.

Remedies As A Capstone Experience: How The Remedies Course Can Help Address The Challenges Facing Legal Education, Michael P. Allen

Saint Louis University Law Journal

No abstract provided.

Teaching Remedies As A Capstone Course, Russell L. Weaver, David F. Partlett

Saint Louis University Law Journal

No abstract provided.

Remedies Reveals The “Seamless Web”, Candace Saari Kovacic-Fleischer

Saint Louis University Law Journal

No abstract provided.

Teaching Remedies As Problem-Solving: Keeping It Real, Tracy A. Thomas

Saint Louis University Law Journal

No abstract provided.

Teaching Remedies As An Introduction To Transactional Thinking, Rachel M. Janutis

Saint Louis University Law Journal

No abstract provided.

The Challenge Of Remedies, F. Andrew Hessick

Saint Louis University Law Journal

No abstract provided.

Penalty Clauses As Remedies: Exploring Comparative Approaches To Enforceability, Jack Graves

Touro Law Review

No abstract provided.