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Articles 1 - 5 of 5
Full-Text Articles in Legal Remedies
Remedies Unified In Nine Verses, Caprice Roberts
Remedies Unified In Nine Verses, Caprice Roberts
Caprice L. Roberts
An original substantive poem with footnotes that makes three bold claims: (i) Remedies shapes substantive rights, (ii) the scholarly quest for a unified theory of Remedies is ill-fated, and (iii) Remedies properly reasoned will unify across borders, doctrinal and geographic.
Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero
Challenging Hospital Vbac Bans Through Tort Liability, Indra Lusero
Indra Lusero
With millions of women experiencing primary c-sections every year, millions more face repeat surgery for subsequent births. Because of hospital bans on vaginal birth after cesarean (VBAC), many of these women will have no option to give birth vaginally. Women are looking for remedies to this invasion of their right to informed consent. This article explores the two main avenues for making a torts claim against the hospital for such a ban: corporate negligence and vicarious liability. Through an exploration of the relevant case law in these areas, the significant opportunities and challenges of tort remedies for hospital VBAC bans …
Coase V. Pigou: A Still Difficult Debate, Enrico Baffi
Coase V. Pigou: A Still Difficult Debate, Enrico Baffi
enrico baffi
This paper examines the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is possible to reach marginal efficiency through taxes or responsibility. It’s interesting that Coase, who has elaborated the famous theorem, is convinced that is not possible to reach the efficiency at the margin every time and that sometimes is necessary a valuation at the total, that tells us which solution is …
Shedding Light On The Reliance Interest, Dr. Yehuda Adar
Shedding Light On The Reliance Interest, Dr. Yehuda Adar
Yehuda Adar Dr.
No abstract provided.
Cleaning Up Oil Spill Liability Through Commercial Quasi-Property Rights, Troy S. Brown
Cleaning Up Oil Spill Liability Through Commercial Quasi-Property Rights, Troy S. Brown
Troy S Brown
The pure economic loss rule, embodied in Robins Dry Dock v. Flint, has denied many individuals and businesses who commercially use and rely upon oil spill damaged land and resources, because their economic losses were unaccompanied by physical injury. In passing the Oil Pollution Act of 1990, the U.S. Congress sought to ameliorate the harshness of the pure economic loss rule by creating §2702(b)(2)(E), a cause of action to recover such economic losses, even in the absence of a recognized proprietary interest in an affected resource. However, the persistence of the pure economic loss rule, the Oil Pollution Act’s vague …