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Articles 1 - 28 of 28
Full-Text Articles in Legal Remedies
An Intent-Based Approach To The Acceptance Of Benefits Doctrine In The Federal Courts, Benson K. Friedman
An Intent-Based Approach To The Acceptance Of Benefits Doctrine In The Federal Courts, Benson K. Friedman
Michigan Law Review
This Note discusses the question of when federal courts should allow a party who accepts payment of a judgment subsequently to appeal the deficiency of the award. Part I examines the discrepancies currently existing in the acceptance of benefits doctrine as applied by the federal courts. Part II analogizes this issue to the law of implied-in-fact contracts and argues that accepting the benefits of a judgment should not prevent an appeal unless circumstances clearly indicate a mutual intent to settle all claims and thereby terminate litigation. Part III contends that, under the doctrine expressed in Erie Railroad v. Tompkins, …
Collateral Sources Of Indemnity, Robert A. Henderson, Patrick F. Maroney
Collateral Sources Of Indemnity, Robert A. Henderson, Patrick F. Maroney
Florida State University Law Review
No abstract provided.
Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt
Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt
Washington Law Review
In Cipollone v. Liggett Group, Inc., the Supreme Court reaffirmed a narrow application of the federal preemption doctrine where preemption would prevent a state from exercising its police powers through the common law. Cipollone marks the latest in a line of Supreme Court decisions requiring courts to employ a presumption against preemption if congressional intent to preempt is not clear. Nevertheless, recent circuit court decisions have held that FIFRA preempts state common law claims against pesticide manufacturers. This Comment concludes that courts continuing to hold FIFRA preemptive of state common law both misinterpret congressional intent and misapply Cipollone.
Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy
Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
Faculty Law Review Articles
This Note analyzes state allocation in light of these differing approaches. The constitutional analysis of Part II begins with a discussion of Takings Clause issues presented by the former "appropriation" approach. This section suggests some flaws in that approach and some reasons why courts might mistakenly adopt it. Part II then examines the criminal law protections embodied in the Excessive Fines and Double Jeopardy Clauses and evoked by the latter "civil penalty" approach. Next, Part III argues for specific statutory adoption of the civil penalty approach and discusses the practice and policy issues that that approach presents. Finally, an Appendix …
Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson
Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson
Michigan Law Review
The article proceeds as follows. Part I defines important terms and introduces the two-by-four Products Liability Matrix by explaining the eight possible positions that might be taken with respect to the mutability and liability-standard dimensions of products liability. Part II provides a backdrop for the current products liability debate, first by setting out a capsule history of the evolution of the modem products liability regime, and then by explaining the arguments offered by the "first generation" of products liability scholars to justify expanded manufacturer liability. Part II also illustrates the utility of the Products Liability Matrix by locating many of …
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
American University Law Review
No abstract provided.
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
American University Law Review
No abstract provided.
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland
The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland
Michigan Journal of International Law
This article is directed at two objectives. It will first provide, in Part I, an outline of the history of the Brussels Convention from its inception to the present day. It will examine the growth of the Convention from a vague undertaking of the six original Member States of the EC, through various treaties of accession and the 1988 Lugano Convention with the EFTA, and finally to the text currently in force. Part II will discuss the nature of the Convention and the philosophy behind it. The second purpose of this article is a more pragmatic one: to provide the …
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Seattle University Law Review
In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke
American University Law Review
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski
American University Law Review
No abstract provided.
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
Publications
No abstract provided.
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Seattle University Law Review
This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Michigan Journal of International Law
This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …
State Aids And European Community Law, Hans-Jorg Niemeyer
State Aids And European Community Law, Hans-Jorg Niemeyer
Michigan Journal of International Law
This article provides an overview of EC State aid rules, focusing on recent Commission policy and recent judgments of the Court of Justice on State aids. In Part I, some general points, such as what may constitute a State aid, are considered. In Part II, the procedural aspects are dealt with in more detail, with emphasis on the notification process, and the procedure for reviewing State aids. Part III examines the recovery of illegally granted aids, and the defenses a beneficiary may assert. Next, Part IV sets out the remedies available for breach of the State aid rules, including the …
Understanding The Malpractice Wars, Thomas B. Metzloff
Understanding The Malpractice Wars, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
Faculty Scholarship
No abstract provided.
The Modification Of Equitable Degrees In Institutional Reform Litigation: A Commentary On The Supreme Court's Adoption Of The Second Circuit's Flexible Test, David I. Levine
Faculty Scholarship
No abstract provided.
An Essay On Private Remedies, Emily Sherwin
An Essay On Private Remedies, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.