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Full-Text Articles in Legal Remedies
Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman
Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman
Washington and Lee Law Review
Searching for the most suitable money remedy for a simple commercial bribe promptly lands a lawyer, judge, professor, student, or researcher in a remedial smorgasbord. De- emphasizing injunctions, commercial bribery offers a spectrum of monetary remedies.
The plaintiff has two defendants, the briber and the bribee. He has two major remedies, damages and restitution. The overlapping policies consist of compensating the plaintiff, preventing the defendants’ unjust enrichment, deterring the defendants and others, and punishing the defendants. Courts implement these policies with compensatory damages, restitution, and punitive damages. A bribe can be returned as damages or restitution, a significant distinction. Punishment …
Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling
Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling
Washington and Lee Law Review
No abstract provided.
Taking Back The Internet: Imposing Civil Liability On Interactive Computer Services In An Attempt To Provide An Adequate Remedy To Victims Of Nonconsensual Pornography, Amanda L. Cecil
Washington and Lee Law Review
No abstract provided.
Counter-Restitution For Monetary Remedies In Equity, George P. Roach
Counter-Restitution For Monetary Remedies In Equity, George P. Roach
Washington and Lee Law Review
Equitable remedies are growing in importance as the remedies of choice for intellectual property and federal agency claims. The measure of monetary remedies in equity is founded in trust law, which provides that even a disloyal trustee is entitled to indemnity for expenses that benefit the trust. Based on this principle and case law on measuring intellectual property remedies, a defendant to a claim for a monetary remedy in equity has the opportunity to prove that the unjust enrichment established by the plaintiff should be reduced for unrelated revenues or beneficial expenses. Opponents of this right justify revenue disgorgement by …
Looking For The Perfect Enforcement Remedy: Old Wine In New Bottles Or: Have I Seen This Movie Before?, James Treadway
Looking For The Perfect Enforcement Remedy: Old Wine In New Bottles Or: Have I Seen This Movie Before?, James Treadway
Washington and Lee Law Review
No abstract provided.
Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law
Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law
Washington and Lee Law Review
No abstract provided.
Conflict Resolved: An Implied Remedy Under Section 10(B) Of The '34 Act Survives Despite The Existence Of Express Remedies
Washington and Lee Law Review
No abstract provided.
A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche
A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche
Washington and Lee Law Review
No abstract provided.
Enhancement Of Value As Element Of Artisan's Lien
Enhancement Of Value As Element Of Artisan's Lien
Washington and Lee Law Review
No abstract provided.