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Articles 1 - 9 of 9
Full-Text Articles in Legal Remedies
Calculating Damages In An Uncertain World, John F. Preis
Calculating Damages In An Uncertain World, John F. Preis
Law Faculty Publications
There is a rule in the world of remedies that has always struck me as unfair. The rule, generally speaking, is that damages are not available unless they can be proven with certainty. For example, suppose that I own a pub and hire a karaoke DJ for Friday night. Karaoke is popular in my town and I advertise the event widely. On Friday afternoon, however, the DJ breaches and I’m left without entertainment. During the night, patrons show up and ask about the DJ. Many of them express disappointment; some decide to remain and have a couple drinks but some …
A Further Note On Federal Causes Of Action, John F. Preis
A Further Note On Federal Causes Of Action, John F. Preis
Law Faculty Publications
In the article, I argue that federal causes of action ought to be treated as (1) distinct from substantive rights, (2) synonymous with the availability of a remedy (but not whether a remedy will in fact issue) and (3) distinct from subject matter jurisdiction (unless Congress instructs otherwise). This thesis is built principally on a historical recounting of the cause of action from eighteenth century England to twenty-first century America. In taking an historical approach, I did not mean to argue that federal courts are bound to adhere to centuries-old conceptions of the cause of action. I merely used history …
How The Federal Cause Of Action Relates To Rights, Remedies, And Jurisdiction, John F. Preis
How The Federal Cause Of Action Relates To Rights, Remedies, And Jurisdiction, John F. Preis
Law Faculty Publications
Time and again, the U.S. Supreme Court has declared that the federal cause of action is "analytically distinct" from rights, remedies, and jurisdiction. Yet, just pages away in the U.S. Reports are other cases in which rights, remedies, and jurisdiction all hinge on the existence of a cause of action. What, then, is the proper relationship between these concepts?
The goal of this Article is to articulate that relationship. This Article traces the history of the cause of action from eighteenth-century England to its modem usage in the federal courts. This history demonstrates that the federal cause of action is …
The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
University of Richmond Law Review
No abstract provided.
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Roadblocks To Remedies: Recently Developed Barriers To Relief For Aliens Injured By U.S. Officials, Contrary To The Founders' Intent, Gwynne L. Skinner
Roadblocks To Remedies: Recently Developed Barriers To Relief For Aliens Injured By U.S. Officials, Contrary To The Founders' Intent, Gwynne L. Skinner
University of Richmond Law Review
No abstract provided.
It's About Time, David Frisch
It's About Time, David Frisch
Law Faculty Publications
This Article critically evaluates the view widely held by courts that contract claims for lost leisure or personal time do not justify compensation. The thesis of this Article is that while the conventional judicial wisdom may be correct about some forms of nonpecuniary loss, it is entirely wrong regarding lost time. After setting aside assumptions, I show that traditional arguments against this form of recovery are deeply flawed Most importantly, I rely on the recognition of hedonic damages by forensic economists to debunk the myth that loss of time is no more than an everyday aspect of life not worthy …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
Law Student Publications
This paper serves to fill that gap, using the history, players, and processes involved as a means to refocus sentencing reform. Part II provides a historical overview of drug sentencing from its conception to its current state. Part III looks at drug sentencing reforms, identifying the players involved and explaining their diverse motivations. Part IV presents lessons learned and proposes a moderate set of normative remedies.
Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky
Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky
University of Richmond Law Review
No abstract provided.