Legal Remedies Commons^™

The Saudi Judge's Discretion In Liquidated Damage Clauses: An Applied Analytical Study In Light Of Islamic Sharia Law, Salman Mufleh R. Al-Kahtani

Maurer Theses and Dissertations

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.

After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.

Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among …

Ministerial Employees And Discrimination Without Remedy, Charlotte Garden

Indiana Law Journal

The Supreme Court first addressed the ministerial exemption in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The ministerial exemption is a defense that religious employers can invoke in discrimination cases brought by employees who qualify as “ministerial,” and it is rooted in the First Amendment principle that government cannot interfere in a church’s choice of minister. However, Hosanna-Tabor did not set out a test to determine which employees are covered by this exemption, and the decision was susceptible to a reading that the category was narrow. In 2020, the Court again took up the ministerial exemption, …

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

Arbitrating Copyright Disputes In Egypt, Islam Mohamed

Maurer Theses and Dissertations

Egypt is witnessing increasing difficulty in implementing and practicing protectionist policies for intellectual property rights, which includes copyright as a fundamental element. Since the Egyptian judicial system is exclusively concerned with adjudicating all disputes, it has become increasingly burdened in recent decades due to this monopoly. As a result, the Egyptian judiciary is witnessing a significant slowdown in resolving conflicts and procedural obstacles which delay the restitution of Intellectual property rights to its owners. Thus, we believe that applying arbitration will contribute to resolving copyright disputes in advance on one hand and will encourage an attractive climate in such matters …

Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, Minsung Kim

Maurer Theses and Dissertations

As South Korean Product Liability Act was revised to adopt the U.S. doctrine of punitive damages, there is a theoretical necessity of reviewing the relations between the theory of product liability and the U.S. doctrine of punitive damages. The theory of product liability is closely related to the strict liability but the doctrine of punitive damages has been developed to regulate malicious misconducts. Due to the different basic concepts, the strict liability and malicious misconducts, the theory of product liability might not include the doctrine of punitive damages. In addition to the compatibility issue, functions of the punitive damages are …

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki

Indiana Law Journal

In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs.

In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …

Absolute Conflicts Of Law, Anthony J. Colangelo

Indiana Law Journal

This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.

The Article then proposes solutions to absolute conflicts that center on the rule of law …

Review, Risk, Legality And Damages, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun

Maurer Theses and Dissertations

No abstract provided.

Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson

Articles by Maurer Faculty

A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …

The Jurisdiction Of The Community Courts Reconsidered, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Legality, Standing And Substantive Review In Community Law, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Book Review. How Consumer Remedies Fail, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Administrative Equity: An Analysis Of Exceptions To Administrative Rules, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Judicial Review Of Military Determinations And The Exhaustion Of Remedies Requirement, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Book Review. Gelhorn, W. Ombudsmen And Others: Citizen's Protectors In Nine Countries And When Americans Complain: Governmental Grievance Procedures, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Public Regulation And Private Rights Of Action, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Remedies Available To Penal Inmates For Injuries Received While Incarcerated

Indiana Law Journal

No abstract provided.

Foreword: Damages In Contract, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Judicial Control Of Administrative Action By Means Of The Extraordinary Remedies In Minnesota, John A. Bauman, Stefan A. Riesenfeld, Richard C. Maxwell

Articles by Maurer Faculty

No abstract provided.

Habeas Corpus: Exhaustion Of State Remedies In Indiana

Indiana Law Journal

Notes and Comments: Habeas Corpus

Equity, Ben F. Small Jr.

Indiana Law Journal

No abstract provided.

Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

A "Pragmatic Definition" Of The "Cause Of Action"?, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Garnishment Of Alimony, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Extraordinary Legal Remedies, By Forest G. Ferris And Forest G. Ferris, Jr., C. Severin Buschmann

Indiana Law Journal

No abstract provided.