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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, …
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 …