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Full-Text Articles in Legal Remedies

Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver Jun 2019

Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus Jul 2017

Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus

John D. McCamus

No abstract provided.


Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman Dec 2015

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.


Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman Dec 2015

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.


Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman Dec 2015

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.


Remedies: A Guide For The Perplexed, Doug Rendleman Sep 2015

Remedies: A Guide For The Perplexed, Doug Rendleman

Doug Rendleman

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …


Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild Feb 2015

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Emily L Sherwin

No abstract provided.


Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin Feb 2015

Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin

Emily L Sherwin

No abstract provided.


Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin Feb 2015

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Emily L Sherwin

No abstract provided.


Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini Feb 2014

Continuous Contamination: How Traditional Criminal Restitution Principles And Section 2259 Undermine Cleaning Up The Toxic Waste Of Child Pornography, Mary Margaret Giannini

Mary Margaret Giannini

Continuous Contamination:
How Traditional Criminal Restitution Principles
and Section 2259
Undermine Cleaning Up the
Toxic Waste of Child Pornography Possession
Mary Margaret Giannini
ABSTRACT
Section 2259 of Title 18 of the United States Code allows courts to award victims of child pornography possession monetary relief from those convicted of possessing images of the victim’s sexual abuse. The statute is grounded in traditional criminal restitution principles that guide that a defendant pay for a victim’s losses which are the result of the specific acts he committed. However, courts have increasingly struggled with applying this construct to the harms and losses suffered …


Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman Feb 2013

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.


Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman Feb 2013

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Doug Rendleman

No abstract provided.


Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman Jan 2013

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Doug Rendleman

No abstract provided.


Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman Dec 2012

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Doug Rendleman

No abstract provided.


Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman Dec 2012

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.


Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman Dec 2012

Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman

Doug Rendleman

No abstract provided.


When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman Dec 2012

When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman

Doug Rendleman

Not available.


Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock Dec 2012

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Doug Rendleman

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …


Righting Others' Wrongs: A Critical Analysis Of Clawback Suits In The Wake Of Madoff-Type Ponzi Schemes And Other Financial Frauds, Amy Sepinwall Dec 2011

Righting Others' Wrongs: A Critical Analysis Of Clawback Suits In The Wake Of Madoff-Type Ponzi Schemes And Other Financial Frauds, Amy Sepinwall

Amy J. Sepinwall

In a typical Ponzi scheme, early investors earn “profits” not through any legitimate investment activity on the part of the Ponzi scheme operator; instead the operator simply transfers money that later investors deposit to the earlier investors who seek redemptions. As such, when the scheme goes bust, as it must, the Ponzi scheme operator will not have enough money to cover all of the investors’ deposits, let alone the earnings on those deposits that the investors thought they were owed. Should the scheme’s winners – i.e., those who withdrew more money than they deposited – be compelled to return their …


Teaching Restitution.Pdf, Candace Kovacic-Fleischer Dec 2000

Teaching Restitution.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

INTRODUCTION: When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: Equitable Remedies and Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what "extraordinary remedies" were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies …