Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (35)
- Law and Society (33)
- Courts (29)
- Litigation (29)
- Torts (26)
-
- Other Law (24)
- Civil Rights and Discrimination (20)
- Legislation (19)
- Civil Law (18)
- Civil Procedure (17)
- Contracts (17)
- Constitutional Law (16)
- Jurisdiction (16)
- Criminal Law (13)
- State and Local Government Law (13)
- Criminal Procedure (12)
- International Law (11)
- Jurisprudence (11)
- Law and Economics (11)
- Intellectual Property Law (10)
- Labor and Employment Law (10)
- Law Enforcement and Corrections (10)
- Legal History (10)
- Business Organizations Law (9)
- Comparative and Foreign Law (9)
- Public Law and Legal Theory (9)
- Organizations Law (8)
- Consumer Protection Law (7)
- Institution
-
- Pepperdine University (62)
- Selected Works (18)
- SelectedWorks (7)
- University of Michigan Law School (6)
- New York Law School (2)
-
- UIC School of Law (2)
- University of Missouri School of Law (2)
- University of Richmond (2)
- Asbury Theological Seminary (1)
- Brooklyn Law School (1)
- California Polytechnic State University, San Luis Obispo (1)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Santa Clara Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University at Buffalo School of Law (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Connecticut (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Washington School of Law (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Remedies (25)
- Litigation (12)
- Restitution (10)
- Arbitration (9)
- Dispute resolution (9)
-
- Liability (9)
- Damages (8)
- Crime victims (7)
- Criminal justice system (7)
- Criminal law (7)
- Victims of crimes (7)
- Victims' rights (7)
- Alternative dispute resolution (6)
- Mediation (6)
- Award (5)
- Compensation (5)
- Contracts (5)
- Defendant (5)
- Employment law (5)
- Negligence (5)
- Plaintiff (5)
- Settlement (5)
- United States (5)
- Due Process (4)
- Government (4)
- Injunctions (4)
- Injury (4)
- Jurisdiction (4)
- Lawsuit (4)
- Punitive damages (4)
- Publication
-
- Pepperdine Dispute Resolution Law Journal (31)
- Pepperdine Law Review (30)
- Doug Rendleman (11)
- Articles (3)
- Faculty Publications (3)
-
- Faculty Scholarship (2)
- Law Faculty Publications (2)
- Michigan Law Review (2)
- NYLS Law Review (2)
- UIC Law Review (2)
- Yehuda Adar Dr. (2)
- All Faculty Scholarship (1)
- Amy J. Sepinwall (1)
- Andrew Popper (1)
- Bibliographies (1)
- Chicago-Kent Law Review (1)
- Continuing Education (CAPSTONE) (1)
- Cornell Law Faculty Publications (1)
- Daudi Mwita Nyamaka Mr. (1)
- Dr. Zahidul Islam (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty Articles and Papers (1)
- Faculty Works (1)
- Georgia State University Law Review (1)
- Journal Articles (1)
- Katharine K. Baker (1)
- Katherine L. Vaughns (1)
- Maurer Theses and Dissertations (1)
- Michael Diathesopoulos (1)
- Publication Type
Articles 31 - 60 of 122
Full-Text Articles in Legal Remedies
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Pepperdine Law Review
No abstract provided.
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Pepperdine Law Review
No abstract provided.
Valuing The Environment: Noaa's New Regulations Under The Oil Pollution Act Of 1990, Ronald M. Pierce
Valuing The Environment: Noaa's New Regulations Under The Oil Pollution Act Of 1990, Ronald M. Pierce
Pepperdine Law Review
No abstract provided.
The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien
The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien
Faculty Publications
Panel discussion on the NPEs, patent damages, including review of expert testimony, the effect of RAND and other policies on standard-setting cases at the ITC and in district courts, and other patent remedy issues.
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Pepperdine Law Review
This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …
The Optimum Remedy For Constitutional Breaches: Multiaccessed Civil Penalties In Equity, Robert C. Fellmeth
The Optimum Remedy For Constitutional Breaches: Multiaccessed Civil Penalties In Equity, Robert C. Fellmeth
Pepperdine Law Review
No abstract provided.
Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall
Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall
Pepperdine Law Review
No abstract provided.
The Two-Trillion Dollar Carve-Out: Foreign Manufacturers Of Defective Goods And The Death Of H.R. 4678 In The 111th Congress, Andrew F. Popper
The Two-Trillion Dollar Carve-Out: Foreign Manufacturers Of Defective Goods And The Death Of H.R. 4678 In The 111th Congress, Andrew F. Popper
Andrew Popper
Whatever happened to H.R. 4678, The Foreign Manufacturers Legal Accountability Act? While at first the bill looked like it would sail through, vocal and well-funded opposition from foreign manufacturers and their U.S. representatives placed its future in doubt – and ultimately killed the bill. Gross sales of foreign manufactured goods in the U.S. exceed two trillion dollars annually. Conservatively, there are tens of millions of defective, dangerous, and in some instances deadly goods produced abroad for sale in U.S. markets (e.g., Chinese dry-wall, toxic levels of lead paint on toys, contaminated pet food, allegedly lurching cars, infant cribs that to …
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Katherine L. Vaughns
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
Michigan Law Review
This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with settlement …
A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth , Donald G. Gifford, William L. Reynolds, Andrew M. Murad
A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth , Donald G. Gifford, William L. Reynolds, Andrew M. Murad
William L. Reynolds
This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the textualist or “plain meaning” approach to statutory interpretation. For more than a quarter-century, Justice Scalia has successfully promoted textualism, usually associated with conservatism, among his colleagues. In Bruesewitz, Scalia, writing for the majority, and his liberal colleague Justice Sotomayer, in dissent, both employed textualism to determine if the plaintiffs, whose child was allegedly harmed by a vaccine, could pursue common-law tort claims or whether their remedies were limited to those available under the no-fault compensation system established by the National Childhood Vaccine Injury Act. Despite …
Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun
Reassessing Damage Remedy To Online Copyright Infringement, Yang Sun
Maurer Theses and Dissertations
No abstract provided.
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Pepperdine Law Review
No abstract provided.
Unpacking The Employee-Misconduct Defense, Sachin S. Pandya
Unpacking The Employee-Misconduct Defense, Sachin S. Pandya
Faculty Articles and Papers
When a worker sues an employer, the employer sometimes learns thereafter that the worker had committed some misconduct at the time of hire or while on the job. In those cases, most American work laws provide the employer with a defense that precludes employer liability, or at least limits remedies, if the employer shows that, had it known of the worker’s misconduct at the time of its allegedly wrongful act, it would have fired the worker because of that misconduct. This Article evaluates the prevailing arguments for and against the employee-misconduct defense as it appears in the National Labor Relations …
Real Remedies For Virtual Injuries, Anita Bernstein
Real Remedies For Virtual Injuries, Anita Bernstein
Faculty Scholarship
No abstract provided.
Remedying Past And Future Harm: Reconciling Conflicting Circuit Court Decisions Under The Federal Trademark Dilution Act, Daniel H. Lee
Remedying Past And Future Harm: Reconciling Conflicting Circuit Court Decisions Under The Federal Trademark Dilution Act, Daniel H. Lee
Pepperdine Law Review
No abstract provided.
Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin
Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
La Prospettiva Dei Rimedi Nel Diritto Privato Europeo, Pietro Sirena
La Prospettiva Dei Rimedi Nel Diritto Privato Europeo, Pietro Sirena
Pietro Sirena
No abstract provided.
State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess
State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess
Pepperdine Law Review
No abstract provided.
Making It Work At Work: Mediation's Impact On Employee/Employer Relationships And Mediator Neutrality , Allison Balc
Making It Work At Work: Mediation's Impact On Employee/Employer Relationships And Mediator Neutrality , Allison Balc
Pepperdine Dispute Resolution Law Journal
This Comment discusses the ADR process of mediation in the employment setting, specifically addressing its benefits and effects on the employer/employee relationship and the potential for a non-neutral mediator who is paid by, or has some previous tie to, one of the parties. Section IA examines judicial and legislative views of ADR and mediation. IB discusses mediation's effectiveness in the workplace. Section II discusses the mediation process in an employment dispute. Section III discusses the effects of mediation on the employer and employee, empirical studies, the neutrality of mediators, and potential remedies. Section IV discusses neutrality in the mediation process. …
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
Will Eeoc V. Waffle House, Inc. Signal The Beginning Of The End For Mandatory Arbitration Agreements In The Employment Context? , Marc A. Altenbernt
Will Eeoc V. Waffle House, Inc. Signal The Beginning Of The End For Mandatory Arbitration Agreements In The Employment Context? , Marc A. Altenbernt
Pepperdine Dispute Resolution Law Journal
Since the inception of several employment and discrimination statutes, arbitration has grown exponentially as an alternative for the adjudication of employment disputes. The Supreme Court has traditionally held that statutory claims are indeed arbitrable pursuant to a valid arbitration agreement under the Federal Arbitration Act ("FAA"). In an effort to end employment discrimination based on "race, color, religion, sex, or national origin," Congress enacted the Civil Rights Act of 1964 ("Title VII"). In order to adequately effect this calling, the Equal Employment Opportunity Commission ("EEOC") was created as the Act's primary enforcement mechanism. While arbitration agreements under the FAA and …
Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins
Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins
Pepperdine Dispute Resolution Law Journal
By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a "possible work topic considered by the Commission . . . Conciliation," in the space of two and one-half years became the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its …
Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal
Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal
Pepperdine Dispute Resolution Law Journal
By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessary litigation, at least compared to the Federal Arbitration Act, which does not always identify which of its provisions are default rules. In one important respect, however, RUAA jettisons that valuable certainty. The RUAA drafters left open (or at least sought to leave open) the question whether parties can contract to expand the grounds for judicial review of arbitration awards beyond those set out in the statute. In other words, the drafters purported not to …
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill
Chicago-Kent Law Review
In Lebron v. Gottlieb, decided in February of 2010, the Illinois Supreme Court struck down Public Act 94-677, finding that its cap on noneconomic damages violated the Illinois Constitution's separation of powers clause. The Court primarily relied upon the remittitur doctrine to come to its conclusion. This case comment addresses the Lebron decision and its rationale, particularly its focus on the remittitur doctrine. Additionally, this comment addresses the following concepts: 1) the background and history of attempts to limit common law liability in tort law in Illinois; 2) other jurisdictions' responses to statutory caps; 3) the Lebron majority's distinctions regarding …
Civil Recourse, Damages-As-Redress, And Constitutional Torts, Michael Wells
Civil Recourse, Damages-As-Redress, And Constitutional Torts, Michael Wells
Scholarly Works
In Torts as Wrongs, Professors John Goldberg and Benjamin Zipursky discuss the connection between "tortious wrongdoing" and "civil recourse." Their civil recourse theory "sees tort law as a means for empowering individuals to seek redress against those who have wronged them." Goldberg and Zipursky show that modern tort theory is dominated by "loss allocation," which uses liability and damages as instruments for assigning losses to deter unwanted behavior and to compensate the plaintiff. Under loss allocation, the central principle of damages is full compensation that is, to make the plaintiff whole. The core component of damages, though not the only …
Restoring Restitution To The Canon, Douglas Laycock
Restoring Restitution To The Canon, Douglas Laycock
Michigan Law Review
The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with every …
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Pepperdine Law Review
No abstract provided.