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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Faculty Articles

No abstract provided.


Liability Rules For Constitutional Rights: The Case Of Mass Detentions, Eugene Kontorovich Sep 2003

Liability Rules For Constitutional Rights: The Case Of Mass Detentions, Eugene Kontorovich

ExpressO

Constitutional law assumes that rights should always be protected by property rules – that is, the government can only take them with the individual’s consent. This Article extends to constitutional law the insights of Calabresi and Melamed’s famous article on property and liability rules. Whether rights should be protected by property rules or liability rules depends on the transaction costs of negotiating a transfer of rights. As transaction costs rise, liability rules become more attractive.

This Article shows that liability rules can have an important role in constitutional law. Using mass detentions in national security emergencies as a case study, …


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii Jan 2003

Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.


Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow Jan 2003

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.