Legal Remedies Commons^™

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 …

Limitation Borrowing In Federal Courts, Michigan Law Review

Michigan Law Review

This Note studies limitations on federal actions in light of Occidental Life. Part I discusses the reasons for limiting actions and presents a short history ·of the limitation of actions. Part II analyzes the alternatives for the federal courts when no statute of limitations applies directly. Finally, the Note suggests a solution that will achieve a result most nearly consistent with both the reasons for limiting actions and the proper role of the judiciary. It suggests, notwithstanding Occidental Life, that in some situations courts should borrow specific federal statutes of limitations and that in the remainder they should …

Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards

University of Michigan Journal of Law Reform

Congress may soon enact the first complete revision of the United States bankruptcy laws in almost four decades. Among the numerous changes proposed by the legislature is a major alteration of the provability and dischargeability of tort claims asserted against the bankrupt's estate. This article will discuss the treatment of tort claims in the present Act and the changes to be made by the proposed Act, and will evaluate alternative approaches to compensating victims of bankrupt tortfeasors.

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …

Liability For Misleading Statements Under Section 11, Ted J. Fiflis

Publications

No abstract provided.

Federal Statues And Government Regulation, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein

Buffalo Law Review

Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).

Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green

Michigan Law Review

In 1946, the Congress of the United States enacted the original Atomic Energy Act as the framework for development, control, and use of atomic energy. This Act provided for the transfer to the new Atomic Energy Commission (AEC), a civilian agency, of the entire atomic energy program which to that point had been conducted by the Manhattan Engineer District, a creature of the United States Army. The Act contemplated that the heart of the nuclear technology-the production of special nuclear material and the use of special nuclear material in both military and civil applications- would be a government monopoly. All …

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …

Soviet Tort Law: The New Principles Annotated, Whitmore Gray

Articles

In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …

The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin

Michigan Law Review

The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.

Securities Exchange Act Of 1934--Cml Remedies Based Upon Illegal Extension Of Credit In Violation Of Regulation T, Robert G. Lane

Michigan Law Review

Following the stock market crash of 1929, there was considerable agitation for the regulation, and even the elimination, of the purchasing of securities on credit. Indeed, the extension of credit for the purchasing of securities became an issue in the 1932 presidential campaign and finally, in 1934, came under direct federal control. Although the federal regulations were intended to eliminate the hazards associated with the extension of credit for the purchasing of securities, all the available evidence indicates that the substantial amount of credit in the stock market was a significant factor in pushing up prices during the bull market, …

Creditors' Rights - Physicians' Liens On Patients' Tort Claim, Clayton R. Smalley

Michigan Law Review

A recent Illinois statute creates a lien in favor of licensed physicians for their reasonable charges for treating persons injured by the negligent or wrongful act of another. The lien attaches to all claims or causes of action of the injured person against the person causing the injury, whether settled by litigation or by settlement. The maximum amount recoverable under the lien is one-third of the sum paid or due to the injured party, and the lien is expressly made to survive his death. The physician must serve notice of his assertion of the lien on both the injured party …

Antitrust Laws- Judicial Relief For Violations Of Section Seven Of The Clayton Act - Disenfranchisement In United States V. E. I. Du Pont De Nemours & Co., Barbara B. Burt S. Ed.

Michigan Law Review

This comment will approach section 7 relief questions and solutions primarily in the light of du Pont's unique facts, which included a vertical stock acquisition made thirty years before the judicial proceeding plus the complicating factors of vast financial interests, numerous innocent investors and several corporate interrelationships. Thereby were posed complex problems regarding (1) parties to the relief determination, (2) interests to be affected by the decree and (3) the manner of affecting those interests.

Sociological Factors In Th Effectiveness Of Projected Legislative Remedies, Arnold M. Rose

Journal of Legal Education

No abstract provided.

Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.

Michigan Law Review

Decedent, aboard an airliner in his capacity as flight service supervisor, was killed when the plane crashed into the Pacific. Respondent airlines, decedent's employer, filed an application with the California Industrial Accident Commission to determine its liability under the California Workmen's Compensation Act. The commission awarded decedent's widow a death benefit despite the widow's objection to the commission's jurisdiction. Prior to the award the widow as administratrix of decedent's estate initiated this action under the Death on the High Seas Act (DHSA) in admiralty. On motion for summary judgment in respondent's favor, held, motion granted. DHSA is applicable to …

Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches

Michigan Law Review

Recent Arkansas legislation provides for double damages, reasonable attorney's fees of not less than fifty dollars, and court costs for failure to pay property damage claims arising from automobile collisions within sixty days after the submission of estimates of damage. Application of the statute is limited to claims under two hundred dollars. Furthermore, if the defendant presents a "meritorious defense," liability under the statute does not attach. Acts of Arkansas (1957), Act 283, Senate Bill 166.

Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.

Michigan Law Review

Plaintiff brought an action under the Federal Employers' Liability Act to recover damages from the defendant employer for an industrial disease allegedly contracted more than three years prior to bringing suit. Plaintiff alleged that defendant misrepresented the time within which this action could be brought and thereby tolled the three-year statute of limitations in the FELA. Held, defendant's motion to dismiss granted. The time limitation is an integral part of the statute creating a substantive right and is not extended by fraud or misrepresentation. Glus v. Brooklyn Eastern District Terminal, (S.D. N.Y. 1957) 154 F. Supp. 863.

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Admiralty- Conflict Of Laws - Application Of The Jones Act, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Admiralty traditionally did not give a seaman a right of action for negligence unless it could be attributed to the unseaworthiness of the vessel. An injured seaman was limited to two remedies: an action for maintenance and cure, or an action based on -unseaworthiness. To remedy this situation, Congress in 1920 passed the Jones Act. This act was framed in terms of "any seaman who shall suffer personal injury in the course of his employment," and gave to such seamen all the rights granted by statutes modifying or extending the common law right or remedy in cases of personal injury …

The Treble Damage Bonanza: New Doctrines Of Damages In Private Antitrust Suits, Homer Clark

Michigan Law Review

Section 7 of the Sherman Act, as amended by section 4 of the Clayton Act, gives a private right of action for treble damages to persons injured "in . . .business or property by reason of anything forbidden in the antitrust laws. . . ." The lucrative possibilities of this section for plaintiffs and their attorneys have recently received sufficient notoriety to arouse curiosity concerning the legal doctrines involved.

The purposes of the section have been said to include compensation for those affected by violations, prevention of violations, and assistance for the government in discovering and bringing before the courts …

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris

Michigan Law Review

The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …

Is A Judgment Open To Collateral Attack If Rendered Without Written Pleadings As Required By Statute, Or If The Writings Do Not Comply With The Statutory Requirements?, John R. Rood

Articles

It is believed that no good reason can be assigned for answering the above question in the affirmative. Certainly none has yet been discovered in a careful search of the cases involving the point. And yet the assurance and unanimity with which lawyers and judges give the affirmative answer to it on first thought is indeed remarkable. For instance, Mr. Justice FIELD in speaking for the Supreme Court of the United States, on the question as to whether a judgment is subject to collateral attack if one served with process is not permitted to make any defense when he appears …

Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle

Articles

It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …