Open Access. Powered by Scholars. Published by Universities.®

Legal Remedies Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Series

1992

Discipline
Institution
Keyword
Publication

Articles 1 - 11 of 11

Full-Text Articles in Legal Remedies

Why Is Corrective Justice Just?, Emily Sherwin Jul 1992

Why Is Corrective Justice Just?, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


A Needed Change In The Rules Of Baseball, Lewis Kurlantzick Jan 1992

A Needed Change In The Rules Of Baseball, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.


Ulsia's Remedies On Default - Worth The Effort?, Roger Bernhardt Jan 1992

Ulsia's Remedies On Default - Worth The Effort?, Roger Bernhardt

Publications

The Uniform Land Security Interest Act (ULSIA or Act) seeks to improve the collection process in cases of default; indeed, most of the text and commentary of the Act deals with that topic. ULSIA has the blessings of the American College of Real Estate Lawyers and the Real Property Section of the American Bar Association. However, though it was first promulgated in 1985, the Act has not yet been adopted in any jurisdiction, nor has it received much consideration in the law reviews or trade journals. As a result, state legislatures do not have much existing analysis to aid them. …


Irreparability Irreparably Damaged, Doug Rendleman Jan 1992

Irreparability Irreparably Damaged, Doug Rendleman

Scholarly Articles

No abstract provided.


The Remedial Problems Of Stallone V. United States And Jenkins V. Missouri, Candace Kovacic-Fleischer Jan 1992

The Remedial Problems Of Stallone V. United States And Jenkins V. Missouri, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: The remedies section of the Association of American Law Schools decided to hold a panel discussion at its annual meeting in January 1991 on two 1990 Supreme Court cases, Spallone v. United States' and Missouri v. Jenkins, because these cases raise some troubling questions about the implementation of constitutional remedies. Not surprisingly, the State and Local Government Section was also planning a panel discussion about the same cases because they involve federal courts in local governmental decisions. Thus, the two Sections combined their programs into a double, joint session, the proceedings of which are printed here. This article introduces …


Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve Jan 1992

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr Jan 1992

Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr

Faculty Works

When an animate, conscious body - individual, collective, economic or political - is imbued with a strong central vision or focus, the ongoing actions of the body automatically become coordinated and subordinated to the dictates of that core imagery. When the center is affirmative and qualitative, then the body has a distinct capacity for self-sufficiency, endurance, and equilibrium. If, however, the central focus is negative or linear, then the capacity for internal homeostasis is greatly lessened. A core of fear, anger, or endless material craving can prompt the exercises of power that herein will be called irresponsible. Such exercises of …


Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer Jan 1992

Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer

Scholarly Works

This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …


Murdering The Spirit: Racism, Rights, And Commerce, Robin West Jan 1992

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Georgetown Law Faculty Publications and Other Works

Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …


Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn Jan 1992

Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

Articles

Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …


Fee-Shifting Offers Of Judgment–An Approach To Reducing The Cost Of Litigation, William W. Schwarzer Jan 1992

Fee-Shifting Offers Of Judgment–An Approach To Reducing The Cost Of Litigation, William W. Schwarzer

Faculty Scholarship

No abstract provided.