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Articles 1 - 10 of 10
Full-Text Articles in Law
A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.
A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.
West Virginia Law Review
No abstract provided.
Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough
Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough
South Carolina Law Review
No abstract provided.
The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers
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 …
Tax Treatment Of Damages Awarded For Age Discrimination, Gerald A. Madek
Tax Treatment Of Damages Awarded For Age Discrimination, Gerald A. Madek
Akron Tax Journal
Since the inception of anti-discrimination laws, the degree to which victims should be compensated has been a subject of debate. Legislators have always been acutely aware of competing pressures in this area. Civil rights advocates have persistently lobbied for generous compensatory awards for emotional distress, while businesses have lobbied just as persistently against these awards which threaten their ability to do business profitably. The result of these competing pressures has been a set of anti-discrimination statutes offering inconsistent remedies.
Pain And Suffering: Damages In Search Of A Sounder Rationale, W. Kip Viscusi
Pain And Suffering: Damages In Search Of A Sounder Rationale, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This paper will address pain and suffering generally and will not distinguish these different potential components of pain and suffering damages. Section 1 presents the theoretical foundations for damages awards, including both the deterrence and compensation objectives. Section 2 explores some practical rationales for pain and suffering damages, such as the omission of legal fees as a component of damages. Section 3 examines the extent to which pain and suffering awards vary systematically with the extent and nature of the injury as opposed to simply being random acts of capricious juries. Since much of the interest in pain and suffering …
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan
Journal of Law and Health
This article attempts to reconcile the competing purposes of the MDA, and to offer one alternative to effectuate Congress' purposes without preempting some claims and permitting others. First, this article will describe the arrangement of the MDA, including the classification provisions for medical devices and the preemption provision of the MDA. Next, this article will interpret the caselaw regarding preemption in general, and specifically preemption of state tort claims by the MDA. Finally, this article seeks to reconcile two competing purposes of Congress in enacting the MDA through implied preemption of state tort claims, with exceptions for devices which have …
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
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 …
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
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 …
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Articles & Chapters
No abstract provided.
Punitive Damages For Constitutional Torts, Michael L. Wells
Punitive Damages For Constitutional Torts, Michael L. Wells
Scholarly Works
Critics complain that punitive damages often serve no good purpose. Whatever the merit of this charge as a general proposition, it is not universally valid across the range of tort suits. This article examines the issues raised by punitive damages for constitutional torts and takes issue with the general failure of commentators on punitive damages to recognize differences between constitutional tort and common law torts. I shall argue that constitutional tort is one area where punitive damage awards are essential to the effective enforcement of our rights. Constitutional tort is a special domain, in which the policy issues that bear …