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Full-Text Articles in Legal Remedies
The Efficiency Of A Disgorgement As A Remedy For Breach Of Contract, Sidney Delong
The Efficiency Of A Disgorgement As A Remedy For Breach Of Contract, Sidney Delong
Faculty Articles
Economic analysis suggests that to give a contract promise a general remedy that would require a breaching promisor to disgorge any benefit of breach would hinder the efficient post-contractual reallocation of performance resources. This article explores certain situations in which disgorgement appears to be an efficient remedy for breach of contract, including cases in which the breaching party refuses to pay contract damages at the time of breach. A rule permitting promisees to recover as "prejudgment interest" the breacher's benefit from withholding payment of damages would, in theory, be efficient in allocating the risk of the breacher's credit worthiness to …
Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys
Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys
Faculty Articles
Surveillance and intelligence activities by private companies and individuals are not new to the United States; the nuclear power industry's resort to such activities poses new civil liberties and social problems. The extreme danger embodied in nuclear facilities and materials and the fear of "nuclear terrorism" provide the most plausible justification in our history for the wholesale destruction of civil liberties. Ostensibly responding to these dangers, corporate and government agencies have conducted surveillance of and gathered intelligence about opponents of nuclear power. As in the past, the targets of these activities are not terrorists but citizens who nonviolently oppose corporate …