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Articles 1 - 26 of 26
Full-Text Articles in Legal Remedies
Withholding Injunctions In Copyright Cases: Impacts Of Ebay, Pamela Samuelson
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
Garnishment In Virginia, Charles J. Nabit
William & Mary Law Review
No abstract provided.
Uncertainty And The Law Of Damages, Elmer J. Schaefer
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?
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
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
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
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
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.
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
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
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
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
Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott
William & Mary Law Review
No abstract provided.