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1996

Legal Remedies

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Articles 1 - 18 of 18

Full-Text Articles in Law

A Primer On Prejudgment Interest, Michael S. Knoll Dec 1996

A Primer On Prejudgment Interest, Michael S. Knoll

All Faculty Scholarship

No abstract provided.


Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel Nov 1996

Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel

Michigan Law Review

Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …


The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham Apr 1996

The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham

Osgoode Hall Law Journal

Tracing is conceptualized as the "following" of an object through an exchange transaction and into the product of that exchange. Why is this so and what are the consequences? This article argues that the presentation of tracing in the metaphysical language of transmutation allows the doctrine to be depicted as consistent with axiomatic notions of property that understand it as pre-political and that preclude judicial readjustment of proprietary rights. However, the metaphysical conceptualization of tracing gives the remedy a conceptual structure that has resulted in the doctrine developing dysfunctionally when compared with the normative justifications that motivated its initial development. …


Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman Apr 1996

Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman

Cornell Law Faculty Publications

"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …


The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers Mar 1996

The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers

Michigan Law Review

This Note argues that prejudgment interest should be presumptively available on damages-plus-profits awards under section 504(b) but should not be available for statutory damages under section 504(c). Part I argues that Supreme Court precedent suggests that the explicit reference to interest found in the Patent Act does not prevent courts from awarding prejudgment interest under the 1976 Copyright Act. Part II asserts that the 1976 Copyright Act's silence regarding prejudgment interest does not represent a congressional choice to exclude this remedy and that, in the face of this silence, the underlying purposes of section 504 should determine the propriety of …


Turning From Tort To Administration, Richard A. Nagareda Feb 1996

Turning From Tort To Administration, Richard A. Nagareda

Michigan Law Review

My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …


The Circuit Split On Title Vii Personal Supervisor Liability, Ming K. Ayvas Jan 1996

The Circuit Split On Title Vii Personal Supervisor Liability, Ming K. Ayvas

Fordham Urban Law Journal

This Note examines the competing rationales for and against individual supervisor liability under Title VII, and concludes that supervisor liability is the better reasoned view. It explains how courts construe the term "employer" to either allow or disallow direct supervisor liability. It discusses the rationales for and against individual supervisor liability. It concludes that individual supervisor liability is the better reasoned view, on construction, policy and comparative grounds, and proposes joint and several liability for supervisors and employers in all Title VII cases, which will clarify when respondeat superior liability is appropriate under Title VII. This proposal will deter Title …


Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci Jan 1996

Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci

Michigan Journal of International Law

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …


Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong, Robert M. Hardaway, Douglas B. Tumminello Jan 1996

Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong, Robert M. Hardaway, Douglas B. Tumminello

Sturm College of Law: Faculty Scholarship

Part I of this Article examines the history of pretrial publicity in American courts and explores the values that the Sixth Amendment seeks to protect. Part II criticizes the Supreme Court's current approach to the pretrial publicity problem. Part III analyzes case studies of nationally notorious trials. Part IV explores remedial measures reasonably calculated to nullify the effects of prejudicial publicity and cases in which a trial judge's omission of those measures constitutes reversible error. Finally, this Article concludes by setting forth a proposed standard that should be applied in order to ensure the defendant's right to a fair trial …


A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr. Jan 1996

A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker Jan 1996

Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker

Law Faculty Articles and Essays

The debate surrounding federal product liability law has not been silenced by recent compromises reached by the House and Senate regarding appropriate boundaries for such laws. To the contrary, President Clinton's threatened veto of Congress's Common Sense Product Liability Reform Act of 1996 and continued opposition by the ABA Section of Litigation and other groups to parts of the Act guarantee that the 20-year-old debate will continue to rage.


Covington V. District Of Columbia: Judicial Clouding Of A Once Clear Burden Of Proof In Awards Of Attorney Fees Under 42 U.S.C. Section 1988, Andrew P. Iv Sutor Jan 1996

Covington V. District Of Columbia: Judicial Clouding Of A Once Clear Burden Of Proof In Awards Of Attorney Fees Under 42 U.S.C. Section 1988, Andrew P. Iv Sutor

Villanova Law Review

No abstract provided.


Notes: Negligently Inflicted Emotional Distress Resulting Solely From Property Damage Is Not A Compensable Injury. Dobbins V. Washington Suburban Sanitary Commission, 338 Md. 341, 658 A.2d 675 (1995), Scott A. Mirsky Jan 1996

Notes: Negligently Inflicted Emotional Distress Resulting Solely From Property Damage Is Not A Compensable Injury. Dobbins V. Washington Suburban Sanitary Commission, 338 Md. 341, 658 A.2d 675 (1995), Scott A. Mirsky

University of Baltimore Law Review

No abstract provided.


Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry Jan 1996

Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry

Journal of Law and Health

This comment discusses the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act and its effect on the marketing of medical products. Part II examines the statutory language of the MDA and its regulatory impact on medical devices. Part III explores the history of the preemption doctrine established by the Supreme Court Cipollone. Part IV delineates the facts and procedural history of Medtronic v. Lohr and analyzes the effect of this case on the federal preemption of state common law suits. Finally, Part V assesses the impact of this decision on the medical device industry and the expansiveness …


Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell Jan 1996

Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell

Journal of Law and Health

This Note argues that wrongly accused parents should be granted standing by the courts to bring suit against therapists who negligently suggest that their children are victims of sexual abuse. The first section will analyze the validity of recovered memories obtained through the use of various suggestive techniques. The second section will explore the various causes of action that courts are considering actionable by innocent third parties against the therapists who implant false memories. The causes of action that will be analyzed are malpractice, negligence, intentional infliction of emotional distress, defamation, loss of companionship and society, and breach of contract. …


In-Kind Class Action Settlements, Scott R. Peppet Jan 1996

In-Kind Class Action Settlements, Scott R. Peppet

Publications

No abstract provided.


Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud Jan 1996

Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud

Articles

If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …


When Congress Just Says No: Deterrence Theory And The Inadequate Enforcement Of The Federal Election Campaign Act, Michael W. Carroll Jan 1996

When Congress Just Says No: Deterrence Theory And The Inadequate Enforcement Of The Federal Election Campaign Act, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.