Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administration (1)
- Amchem Products Inc. v. Windsor (1)
- Bankruptcy (1)
- Book reviews (1)
- Brunner test (1)
-
- Class Action Fairness Act of 2005 (1)
- Class actions (1)
- Compromise (1)
- Debtor (1)
- Declaratory judgment (1)
- District Court (1)
- Federal Circuit (1)
- Licensee (1)
- Mass torts (1)
- Nagareda (Richard) (1)
- New test (1)
- Ortiz v. Fibreboard Corp. (1)
- Patent (1)
- Prong (1)
- Settlements (1)
- Student loan (1)
- Subject matter jurisdiction (1)
- Totality of the circumstances test (1)
- “reasonable apprehension” test (1)
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Legal Remedies
What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok
What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok
Michigan Law Review
Twenty years ago, Deborah Hensler and a team of scholars at the RAND Corporation's Institute for Civil Justice issued a report entitled Trends in Tort Litigation: The Story Behind the Statistics. Pressure had been mounting both in the business community and the Republican Party to "reform" tort law throughout the 1980s. There was concern that Americans "egged on by avaricious lawyers, sue[d] too readily, and irresponsible juries and activist judges wayla[id] blameless businesses at enormous cost to social and economic well-being." The RAND report argued that the real risk of a torts "explosion" came from the world of mass …
Alternative State Remedies In Constitutional Torts, John F. Preis
Alternative State Remedies In Constitutional Torts, John F. Preis
John F. Preis
In recent years, a subtle shift in constitutional tort doctrine has quietly begun to take root. In Bivens actions, the Supreme Court has recently implied that constitutional tort plaintiffs must seek relief under state law when it is available, rather than invoke their federal constitutional rights. This marks a dramatic change from past practices. For much of the twentieth century, a central premise in the constitutional tort field has been that the federal remedy is “supplementary” to the state remedy; constitutional tort plaintiffs have therefore been permitted to seek a remedy under federal law without regard to the availability of …
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.
In Re Davis, Adam Schlusselberg