Legal Remedies Commons^™

Third Party Remedy Of Insured's Loss Constitutes Defense In Mitigation Of The Loss In Suit By Insured Against Insurer., Mark B. Taylor

St. Mary's Law Journal

Abstract Forthcoming.

Restitution And Reform, Dale A. Oesterle

Michigan Law Review

A Review of Restitution and Reform by George E. Palmer

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster

University of Michigan Journal of Law Reform

This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …

Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner

University of Michigan Journal of Law Reform

This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …

Narrowing The "Routine Use" Exemption To The Privacy Act Of 1974, John W. Finger

University of Michigan Journal of Law Reform

This article suggests a balancing test to determine which routine uses of information legitimately fall within the Privacy Act. Part I briefly examines the background of the Act, concentrating on the legislative history of the routine use exemption, and examining problems the exemption presents. Part II then proposes a balancing test, based on notice and need for data, as a means of ascertaining proper routine uses.

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

Union Held Liable In Contribution To Employer For Title Vii Violations: Glus V. G.C. Murphy Co., J. David Gowdy

BYU Law Review

No abstract provided.

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Election Of Remedies And Settlement - New Lyrics To An Outworn Tune Lawyer's Forum - Settlements - New Perspectives., Les Mendelsohn

St. Mary's Law Journal

Abstract Forthcoming.

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Lawyer's Forum - Settlements - New Perspectives - Introduction., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Contribution Among Antitrust Violators: A Question Of Legal Process, C. Douglas Floyd

BYU Law Review

No abstract provided.

On Product "Design Defects" And Their Actionability, John W. Wade

Vanderbilt Law Review

This Article has tried to explain and discuss these developments, to evaluate them, to show their relationship to the general state of the law, and to make suggestions on how far they should affect its future development. At present, the question of "design defects" and the determination of when a product is actionable because of the nature of its design appears to be the most agitated and controversial question before the courts in the field of products liability. I hope that this Article can be of some help to the courts in seeking to develop the most suitable answer to …

Garnishment In Virginia, Charles J. Nabit

William & Mary Law Review

No abstract provided.

The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review

Michigan Law Review

A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell

Personal Injuries And The Texas Survival Statute: The Case For Recovery Of Damages For A Decedent's Lost Future Earnings., Karl L. Rubinstein

St. Mary's Law Journal

Abstract Forthcoming.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Antitrust Law - Standing - Direct Purchasers From Defendants' Competitors Lack Standing To Bring Treble Damage Action, Indirect Purchasers From Defendants Have Standing To Seek Injunctive Relief, Robert C. Mickle

Villanova Law Review

No abstract provided.

Ecology, Growth And Law, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski

Duquesne Law Review

Until the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the cause of action for damages in a case arising directly under the Constitution had not been explicitly recognized. The author examines the Bivens decision and charts the extension of the Bivens remedy to other constitutional violations. She concludes that although it is still not completely clear when the damages remedy may be invoked, recent decisions provide assistance to courts confronted with damages claims arising under the constitution.

Mental Retardation - Federal Statutory Right To Habilitation - State Statutory Right To Habilitation - Remedies, Julianne Hallenbeck Palmer

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that federal and Pennsylvania statutory law grants mentally retarded persons a right to habilitation in the least restrictive environment.

Halderman v. Pennhurst State School & Hospital, 612 F.2d 84 (3d Cir. 1979), cert. granted, 100 S. Ct. 2984 (1980) (No. 79-1404).

Products Liability - Restatement (Second) Of Torts - Virgin Islands Comparative Negligence Statute Applied In Strict Products Liability Action, Clifford H. Lange

Villanova Law Review

No abstract provided.

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.