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Articles 1 - 30 of 47
Full-Text Articles in Law
The Role And Relevance Of Investment Treaties In Promoting Renewable Energy Investments, Ladan Mehranvar, Lisa E. Sachs
The Role And Relevance Of Investment Treaties In Promoting Renewable Energy Investments, Ladan Mehranvar, Lisa E. Sachs
Columbia Center on Sustainable Investment
Co-authors Ladan Mehranvar and Lisa Sachs discuss the effect of investment treaties as catalysts for critical investments in the energy transition, with a particular focus on the Spanish renewable energy cases. The book chapter, "The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments," is featured in Investment Arbitration and Climate Change, published by Kluwer Law International B.V.
Characterisation And Choice Of Law For Knowing Receipt, Adeline Chong
Characterisation And Choice Of Law For Knowing Receipt, Adeline Chong
Research Collection Yong Pung How School Of Law
Knowing receipt requires the satisfaction of disparate elements under English domestic law. Its characterisation under domestic law is also unsettled. These in turn affect the issues of characterisation and choice of law at the private international law level as knowing receipt sits at the intersection of the laws of equity, restitution, wrongs and property. This paper argues that under the common law, knowing receipt ought to be considered as sui generis for choice of law purposes and governed by the law of closest connection to the claim. Where the Rome II Regulation applies, knowing receipt fits better within the tort …
Statutory Interpretation And Agency Disgorgement Power, Caprice L. Roberts
Statutory Interpretation And Agency Disgorgement Power, Caprice L. Roberts
Journal Articles
What happens when obstacles foreclose claims and threaten to leave parties without adequate relief? Or, when the cause of action escapes conventional classification? Or, when Supreme Court decisions frustrate private litigation causing pressure for public enforcement by agencies? Or, when individuals engage in novel forms of wrongdoing that the law may fail to reach? It becomes hard to resist the siren call of equity and its powerful remedies. This trend includes sweeping national injunctions, constructive trusts, and more. Disgorgement is also one such remedy, and its popularity is rising in terms of private and public applications and challenges. It is …
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.
Navassa: Property, Sovereignty, And The Law Of The Territories, Joseph Blocher, Mitu Gulati
Navassa: Property, Sovereignty, And The Law Of The Territories, Joseph Blocher, Mitu Gulati
Faculty Scholarship
The United States acquired its first overseas territory—Navassa Island, near Haiti—by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the territories—a story that continued fifty years later in the Insular Cases, which described Puerto Rico as “belonging to” but not “part of” the United States.
Contemporary scholars are drawn to the sovereignty framework and the public-law tools that come along with it: arguments about rights and …
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Singapore's unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiffs intent was vitiated. This vitiation of intent is expressed as an 'unjust factor'. While certain 'unjust factors' are regarded …
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 …
Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson
Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson
Faculty Scholarship
Chris Kyle's book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a "Mr. Scruff Face" in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS. Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …
Unjust Enrichment: Revolution And Evolution In The Asia-Pacific, Tiong Min Yeo
Unjust Enrichment: Revolution And Evolution In The Asia-Pacific, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This article contrasts two approaches to the development of the law of unjust enrichment in Malaysia and Singapore, as evidenced by recent case law. While the Malaysian Federal Court has taken the bold step of steering Malaysian common law into the somewhat uncharted territory of "absence of basis" as a general justification for claims to reverse unjust enrichment, the Singapore Court of Appeal has been more cautious in taking incremental steps to build on the "unjust factor" approach.
Remedies, Meet Economics; Economics, Meet Remedies, Samuel L. Bray
Remedies, Meet Economics; Economics, Meet Remedies, Samuel L. Bray
Journal Articles
One would expect the fields of ‘law and economics’ and ‘remedies’ to have substantial interaction, but scholars in each field largely ignore those in the other. Thus, law and economics scholars blunder in their description of the law of remedies, and remedies scholars are cut off from economic insights. For scholars who are in these fields, this article offers a critique, as well as suggestions for cooperation. For all legal scholars interested in melding conceptual and economic analysis, it offers a cautionary tale of disciplinary fragmentation.
Restitution [2016], Man Yip
Restitution [2016], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry
The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry
Faculty Publications
Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law does little to resolve worker classification problems on new platforms, such as ridesharing applications. Other forms of online work create even more complex problems, such as when work is disguised as an innocuous task like entering a code or answering a question, or when work is gamified and hidden as a leisure activity. Other …
Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer
Food Stamps, Unjust Enrichment And Minimum Wage, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
A number of large retail chains with monopsony power, such as Walmart, pay their low level employees so little that these employees are eligible for food stamps and other governmental benefits. In addition to paying low wages, these chains often have hourly restrictions so that their employees are not eligible for overtime pay. At times the chains violate the wage and hour provisions of the Fair Labor Standards Act (FLSA) by making hourly employees work “off the clock,” a practice known as wage theft.
One of the reasons these low wage retailers can pay so little is because their employees …
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Scholarly Articles
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.
Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”
Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland
Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Elisabeth Haub School of Law Faculty Publications
This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.
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
Cornell Law Faculty Publications
No abstract provided.
Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, Man Yip, Yihan Goh
Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in dealing with such cases. First, it argues against a purely contractarian view that such cases should be exclusively resolved by the law of contract, through an implied collateral contract. Such a technique, applied vigorously, would result in nullifying the concept of “essential terms” and an artificial construction of parties …
Restitution In Texas: Civil Liability For Unjust Enrichment, David A. Dittfurth
Restitution In Texas: Civil Liability For Unjust Enrichment, David A. Dittfurth
Faculty Articles
The Texas Supreme Court must clarify the law of restitution. The law of restitution regulates a major area of litigation in Texas and suffers from a significant degree of confusion. The Texas Supreme Court has adopted the modern view of restitution, but its rulings lack the detailed guidance needed by lower courts. The Texas Supreme Court should establish an independent and generally applicable cause of action for unjust enrichment, describe clearly the elements of that cause of action, and lend its authority to the modern terms that describe the law of restitution.
The Texas Supreme Court’s rulings on restitution describe …
Hela Cells And Unjust Enrichment In The Human Body, Deleso A. Alford
Hela Cells And Unjust Enrichment In The Human Body, Deleso A. Alford
Journal Publications
Henrietta Lacks achieved fame and immortality in the world of science. In 1951, Johns Hopkins Hospital harvested the tissue of Ms. Lacks, a 31-year-old African American woman diagnosed with cervical cancer to mass produce "HeLa cells."' The money derived from her cell line produced wonders and scientific breakthroughs in technology, biology and medicine which "far exceeds that reflected in the published literature, because it is the reference cell in so many research laboratories.”
In this essay, I place Ms. Lacks' parts (tissue cells) back into her body to raise a claim of unjust enrichment. I discuss the ongoing debate as …
Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Kovacic-Fleischer
Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for "gratuitous" contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Ix, Tab 41 - Ex. 28 - Rosetta Stone Unjust Enrichment Calculations, Rosetta Stone
Vol. Ix, Tab 41 - Ex. 28 - Rosetta Stone Unjust Enrichment Calculations, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Where Is Emily Litella When You Need Her?: The Unsuccessful Effort To Craft A General Theory Of Obligation Of Promise For Benefit Received, Edwin J. Butterfoss, Henry Allen Blair
Where Is Emily Litella When You Need Her?: The Unsuccessful Effort To Craft A General Theory Of Obligation Of Promise For Benefit Received, Edwin J. Butterfoss, Henry Allen Blair
Faculty Scholarship
No abstract provided.
Vol. Xiii, Tab 50 - Google's Opposition To Rosetta Stone's Motion For Partial Summary Judgment, Google
Vol. Xiii, Tab 50 - Google's Opposition To Rosetta Stone's Motion For Partial Summary Judgment, Google
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Harmless Boundary Crossings: Their Role In Comparative Institutional Analysis - Lecture Transcript - 10-31-2008, Wendy J. Gordon
Harmless Boundary Crossings: Their Role In Comparative Institutional Analysis - Lecture Transcript - 10-31-2008, Wendy J. Gordon
Scholarship Chronologically
I also thank this morning's panelists. What I'm going to do is, first, say a little bit of an overview about what brings us all together and then talk about a particular project that many of you already have heard about, but it is something that has bothered me ever since I entered the field. It is the problem of harmless use, or what you might call a beneficial spillover that causes no loss to the person who is causally responsible for it, either in whole or in part.
Rethinking Copyright: Property Through The Lenses Of Unjust Enrichment And Unfair Competition, Shyamkrishna Balganesh
Rethinking Copyright: Property Through The Lenses Of Unjust Enrichment And Unfair Competition, Shyamkrishna Balganesh
All Faculty Scholarship
Responding to Sara K. Stadler Copyright as Trade Regulation:
This Response examines Professor Stadler's argument that “the copyright grant be reformulated to consist of no more than an exclusive right to distribute works publicly.” He agrees that “copyright law ought to be visualized as a doctrine of unfair competition,” but offers an alternative conception of “implementing this ideal.” Balganesh writes, “Since copyright is about generating incentives for creation, we might want to connect [a competitive] nexus requirement to copyright's instrumental purpose through a test of foreseeability. Given that liability for infringement is premised on a showing of copying, such …
Unjust Enrichment And Creditors, Emily Sherwin
Unjust Enrichment And Creditors, Emily Sherwin
Cornell Law Faculty Publications
The constructive trust remedy plays an important role in bankruptcy because it places restitution claimants in a position of priority over creditors. According to traditional rules governing constructive trusts, restitution claimants who can identify particular assets in the debtor's hands as products of an unjust enrichment recover in full, to the exclusion of other unsecured creditors. The draft Restatement (Third) of Restitution and Unjust Enrichment endorses this outcome with only minor qualifications.
The supposed basis for a constructive trust is unjust enrichment: courts grant the remedy to prevent the defendant from profiting at the claimant's expense. In bankruptcy, the parties …