Legal Remedies Commons^™

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …

Attorney's Fees Under The Civil Rights Act - A Time For Change, 16 J. Marshall L. Rev. 261 (1983), Robert W. Fioretti, James J. Convery

UIC Law Review

No abstract provided.

Institutional Injunctions, David Rudenstine

Cardozo Law Review

No abstract provided.

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady

UIC Law Review

No abstract provided.

The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt

Cardozo Law Review

No abstract provided.

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Bolding V. Holshauser: What Remedy For Violation Of Prisoner's Eighth Amendment Rights, Marjorie Seiferheld

North Carolina Central Law Review

No abstract provided.

Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht

University of Michigan Journal of Law Reform

This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile with the separation of powers doctrine because they foster impermissible intrusions on the ability of the legislative and executive branches to act independently of the judiciary. It is further argued that in the two cases where courts have adopted the unconstitutionality in futuro approach, the failure to satisfy all of the proposed standards for the appropriateness of unconstitutionality in futuro and the further considerations of judicial legitimacy and competency should have led the courts to consider other less drastic alternatives before deciding to use unconstitutionality in …

Califano V. Yamasaki (Elliott), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Faculty Publications

No abstract provided.

The New Due Process: Rights And Remedies, Doug Rendleman

Scholarly Articles

None available

Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger

Villanova Law Review (1956 - )

No abstract provided.

A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen

Buffalo Law Review

No abstract provided.

The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern

Buffalo Law Review

No abstract provided.

The New Due Process: Rights And Remedies, Doug Rendleman

Kentucky Law Journal

No abstract provided.

The New Due Process: Rights And Remedies, Doug R. Rendleman

Faculty Publications

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.

Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott

Faculty Scholarship

In recent years a series of Supreme Court decisions has purported to envelop the rights of defaulting debtors in an enlarged concept of procedural due process. The central theme underlying this development is clearly an attempt by the Court to impose some degree of constitutional control on the exercise of provisional creditor remedies. The path that leads from Sniadach v. Family Finance Corp. to North Georgia Finishing, Inc. v. Di-Chem, Inc., is however, far from clear and the cases have provoked serious questioning of the meaning and impact of this doctrine. Due process as reflected in Sniadach and Fuentes …

Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.