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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson Feb 2022

Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson

William & Mary Law Review

Before the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, L.L.C., which ruled that courts should exercise equitable discretion when considering whether to issue permanent injunctions in patent infringement cases, courts routinely granted injunctions in copyright cases when plaintiffs proved that defendants had infringed or had likely infringed copyrights. Such findings triggered presumptions of irreparable harm, which were almost never rebutted. Only rarely would courts consider a balancing of hardships or effects of injunctions on public interests.

In the first several years after eBay, commentators reported that eBay had had little impact on the availability of injunctive …


"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky Oct 2021

"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky

William & Mary Environmental Law and Policy Review

In Sulawesi, Indonesia—forty-five thousand years ago, an artist painted what is now the world’s oldest known cave painting—a life-size image of a wild pig. Forty thousand years later, the elite of Hierakonpolis, Egypt, housed elephants, hippos, and baboons in the world’s oldest known zoo. Today, individuals keep exotic fish, reptiles, and birds as pets while zoos and aquariums display some of the largest and rarest animals on the planet. The human fascination with wild animals is clearly not a new phenomenon, but how and why we keep wild animals have evolved over time. Zoos in particular have changed dramatically just …


The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli Apr 2020

The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli

William & Mary Journal of Race, Gender, and Social Justice

Historically, and to this day, people with disabilities have not been considered capable of determining their own needs. Instead, the general population has taken it upon themselves to dictate what accommodations they shall receive. This becomes particularly problematic for the deaf community when interacting with the criminal justice system, where a lack of communication is synonymous with a lack of justice. In this situation, the state should defer to the individual’s understanding of their needs, or carry the burden of proving that another accommodation is equally effective.


Of Moral Outrage In Judicial Opinions, Duane Rudolph Apr 2020

Of Moral Outrage In Judicial Opinions, Duane Rudolph

William & Mary Journal of Race, Gender, and Social Justice

Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal philosophy known as hermeneutics that deals with the interpretation and understanding of texts, the Article argues that in interpreting and understanding cases judges should express moral outrage when faced with individuals from communities whose voice has historically been at risk, is currently at risk, …


The State Of Exactions, Timothy M. Mulvaney Oct 2019

The State Of Exactions, Timothy M. Mulvaney

William & Mary Law Review

In Koontz v. St. Johns River Water Management District, the Supreme Court slightly expanded the range of land use permitting situations in which heightened judicial scrutiny is appropriate in a constitutional “exaction” takings case. In crafting a vision of regulators as strategic extortionists of private property interests, though, Koontz prompted many takings observers to predict that the case would provide momentum for a more significant expansion of such scrutiny in takings cases involving land use permit conditions moving forward, and perhaps even an extension into other regulatory contexts, as well.

Five years on, this Article evaluates the extent to which …


An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar Mar 2014

An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

William & Mary Law Review

No abstract provided.


What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans Mar 2014

What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans

William & Mary Law Review

No abstract provided.


Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden Mar 2013

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden

William & Mary Law Review

This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.

Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …


Constitutional Remedies And Public Interest Balancing, John M. Greabe Mar 2013

Constitutional Remedies And Public Interest Balancing, John M. Greabe

William & Mary Bill of Rights Journal

The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …


The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu Nov 2012

The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu

William & Mary Environmental Law and Policy Review

No abstract provided.


As If It Had Never Happened, Arthur Ripstein Apr 2007

As If It Had Never Happened, Arthur Ripstein

William & Mary Law Review

No abstract provided.


The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson Oct 2003

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson

William & Mary Law Review

No abstract provided.


Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas Dec 2002

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

William & Mary Bill of Rights Journal

Using the context of Bush v. Gore as a vehicle for discussion, Professor Thomas examines the use and legitimacy of prophylactic remedies. In this Article, Professor Thomas advances the argument that the broad prophylactic remedy provided by the U.S. Supreme Court in Bush v. Gore may be viewed as contrary to the law of remedies in that it operated to negate, rather than enforce, legal rights. In particular, prophylactic remedies which are untailored and unachievable, as in Bush v. Gore, threaten the legitimacy of prophylaxis. Professor Thomas argues that the use of prophylactic remedies itself is not problematic, but concludes …


A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen Dec 1999

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.


Garnishment In Virginia, Charles J. Nabit Apr 1980

Garnishment In Virginia, Charles J. Nabit

William & Mary Law Review

No abstract provided.


Uncertainty And The Law Of Damages, Elmer J. Schaefer May 1978

Uncertainty And The Law Of Damages, Elmer J. Schaefer

William & Mary Law Review

No abstract provided.


Binding Interest Arbitration In The Public Sector: Is It Constitutional? May 1977

Binding Interest Arbitration In The Public Sector: Is It Constitutional?

William & Mary Law Review

No abstract provided.


Body Attachment And Body Execution: Forgotten But Not Gone Mar 1976

Body Attachment And Body Execution: Forgotten But Not Gone

William & Mary Law Review

No abstract provided.


Developments In The Availability Of Federal Remedies Against State Activities, Wayne Mccormack Oct 1974

Developments In The Availability Of Federal Remedies Against State Activities, Wayne Mccormack

William & Mary Law Review

No abstract provided.


Protecting The Low Income Consumer: Procedural Due Process Revisited Dec 1972

Protecting The Low Income Consumer: Procedural Due Process Revisited

William & Mary Law Review

No abstract provided.


Cumulative Remedies Under Article 9 Of The Uniform Commercial Code: An Answer To Fuentes V. Shevin Oct 1972

Cumulative Remedies Under Article 9 Of The Uniform Commercial Code: An Answer To Fuentes V. Shevin

William & Mary Law Review

No abstract provided.


Wrongful Death Damages In Virginia, Donald E. Lee Jr. Dec 1970

Wrongful Death Damages In Virginia, Donald E. Lee Jr.

William & Mary Law Review

No abstract provided.


Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka Dec 1970

Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka

William & Mary Law Review

No abstract provided.


State Post-Conviction Remedies And Federal Habeas Corpus, William F. Swindler Oct 1970

State Post-Conviction Remedies And Federal Habeas Corpus, William F. Swindler

William & Mary Law Review

No abstract provided.


Rent Strike - Landlord's Remedies, G. Richard Gold Mar 1970

Rent Strike - Landlord's Remedies, G. Richard Gold

William & Mary Law Review

No abstract provided.


Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott Feb 1967

Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott

William & Mary Law Review

No abstract provided.