Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Litigation (47)
- Torts (45)
- Constitutional Law (42)
- Courts (42)
- Law and Society (42)
-
- Human Rights Law (41)
- Criminal Law (40)
- Law and Politics (40)
- Legislation (40)
- State and Local Government Law (40)
- Civil Rights and Discrimination (39)
- International Law (39)
- Judges (39)
- Civil Law (38)
- Civil Procedure (38)
- Law and Economics (38)
- Law and Gender (38)
- Law and Philosophy (38)
- Other Law (38)
- Rule of Law (38)
- Criminal Procedure (37)
- Jurisdiction (37)
- Jurisprudence (37)
- Public Law and Legal Theory (37)
- Supreme Court of the United States (37)
- Business Organizations Law (36)
- Common Law (36)
- Comparative and Foreign Law (36)
- Institution
-
- Seattle University School of Law (33)
- Brooklyn Law School (4)
- Emory University School of Law (3)
- Florida International University College of Law (3)
- Schulich School of Law, Dalhousie University (3)
-
- Villanova University Charles Widger School of Law (3)
- Fordham Law School (2)
- Hollins University (2)
- University of Arkansas, Fayetteville (2)
- Yeshiva University, Cardozo School of Law (2)
- Association of Arab Universities (1)
- Brigham Young University Law School (1)
- DePaul University (1)
- Georgetown University Law Center (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Marshall University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Roger Williams University (1)
- Universitas Indonesia (1)
- University of Cincinnati College of Law (1)
- University of Maine School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- University of Wollongong (1)
- World Maritime University (1)
- Keyword
-
- Remedies (3)
- Supreme Court (3)
- Washington (3)
- Article III (2)
- Asylum (2)
-
- Bankruptcy (2)
- Courts (2)
- Crimmigration (2)
- GBV (2)
- Gender-based violence (2)
- Immigration (2)
- Latin American women (2)
- Mediation (2)
- Technology (2)
- Tort (2)
- Victims (2)
- #MeToo (1)
- 9/11; First Responder Cases; Victims Compensation Fund (1)
- Accountability (1)
- Adjudication (1)
- Adjudicative System (1)
- Admissions (1)
- Adoption; Adoption Law; Domestic adoption; Domestic adoption law; Interstate Compact on the Placement of Children; Reform; Legal history; Legal system; Family Law; European Union; EU; France; Germany; Italy; Economics; Enforcement (1)
- Agencies (1)
- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (1)
- Alternative forms of schooling (1)
- Ancillary business (1)
- Appellate Jurisdiction (1)
- Applicant (1)
- Appraisal Remedy (1)
- Publication
-
- Seattle University Law Review (33)
- FIU Law Review (3)
- Villanova Environmental Law Journal (3)
- Articles (2)
- Articles, Book Chapters, & Popular Press (2)
-
- Brooklyn Journal of Corporate, Financial & Commercial Law (2)
- Brooklyn Journal of International Law (2)
- Emory Law Journal (2)
- Undergraduate Honors Theses (2)
- All Faculty Scholarship (1)
- Animal Studies Journal (1)
- Arkansas Law Notes (1)
- Arkansas Law Review (1)
- BYU Law Review (1)
- Dalhousie Law Journal (1)
- DePaul Business & Commercial Law Journal (1)
- Dickinson Law Review (2017-Present) (1)
- Faculty Articles (1)
- Fordham Journal of Corporate & Financial Law (1)
- Fordham Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Maine Law Review (1)
- Marquette Benefits and Social Welfare Law Review (1)
- Pace Environmental Law Review (1)
- Roger Williams University Law Review (1)
- The Indonesian Journal of Socio-Legal Studies (1)
- The Mid-Southern Journal of Criminal Justice (1)
- University of Cincinnati Law Review (1)
- Publication Type
Articles 1 - 30 of 75
Full-Text Articles in Legal Remedies
Professor Aaron Twerski: Special Master In The 9/11 Responders' Litigation, Stephan Landsman
Professor Aaron Twerski: Special Master In The 9/11 Responders' Litigation, Stephan Landsman
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Aaron Twerski — Practical Wisdom At Ground Zero, Anthony J. Sebok
Aaron Twerski — Practical Wisdom At Ground Zero, Anthony J. Sebok
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article celebrates Professor. Aaron Twerski’s “practical wisdom” in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the so-called 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (“VCF”) despite there being every reason to suspect that the interaction of workersman’s compensation law and tort law, if left to operate on their own, would generate a politically unacceptable outcome. Despite his clear misgivings – —expressed decades earlier – —about allowing those who control the workplace to enjoy the benefits of limited liability guaranteed …
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, Carolyn Drell, Mia Petrucci
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, Carolyn Drell, Mia Petrucci
Pace Environmental Law Review
In the new edition of Maya K. van Rossum’s book, The Green Amendment: The People’s Fight for a Clean, Safe, and Healthy Environment, she presents the case for adopting green amendments protecting environmental rights into state constitutions and the Federal Constitution. This book review examines van Rossum’s arguments and raises legal concerns that prevent green amendments from providing a silver bullet solution to environmental harms. Despite these concerns that will likely resonate with practitioners, van Rossum increases the accessibility to the topic of green amendments for a wider audience, which is ultimately a net win for environmental advocacy.
Implications Of Marine Heatwaves For The Blue Economy In Ghana, Louisa Pokua Sarkodie
Implications Of Marine Heatwaves For The Blue Economy In Ghana, Louisa Pokua Sarkodie
World Maritime University Dissertations
No abstract provided.
Permanent Injunctions In Defamation Actions, Hilary Young
Permanent Injunctions In Defamation Actions, Hilary Young
Dalhousie Law Journal
Permanent injunctions prohibiting defamatory speech are increasingly sought and ordered following a finding of liability. This may seem unproblematic since a court will have found the particular speech to be unlawful—defamatory and likely false. However, there are good reasons to be cautious in permanently enjoining defamatory speech. This article shows that courts have recognized a test for permanent injunctions in defamation cases based on a misinterpretation of the case law—a test which is inconsistent with first principles of equitable relief. It then proposes a number of guidelines and principles for permanent injunctive relief in defamation actions. Most proposals relate to …
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney
University of Cincinnati Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Aaron Twerski: Practical Wisdom At Ground Zero, Anthony J. Sebok
Aaron Twerski: Practical Wisdom At Ground Zero, Anthony J. Sebok
Articles
This Article celebrates Professor. Aaron Twerski’s “practical wisdom” in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the so-called 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (“VCF”) despite there being every reason to suspect that the interaction of workersman’s compensation law and tort law, if left to operate on their own, would generate a politically unacceptable outcome. Despite his clear misgivings – —expressed decades earlier – —about allowing those who control the workplace to enjoy the benefits of limited liability guaranteed …
What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick
What Are The Causes And Remedies Of Wrongful Convictions?, Audree Alick
The Mid-Southern Journal of Criminal Justice
Wrongful convictions, also known as miscarriages of justice, are very common in the criminal justice system today. With the first known wrongful conviction in 1872, to the most recent in 2023, researchers have similarly identified three causes of wrongful convictions: false confessions, eyewitness errors, and investigative misconduct. Wrongful convictions can cause many physical and mental effects on post-exonerees and currently incarcerated individuals, including but not limited to, clinical anxiety, depression, and PTSD. Analyses of DNA (deoxyribonucleic acid) have proven instrumental in cases of wrongful convictions. Each exoneree should have access to the DNA database to test against the DNA evidence …
Rights And Remedies: Rental Housing For Low-Income Households In The United States, David Ray Papke, Mary Elise Papke
Rights And Remedies: Rental Housing For Low-Income Households In The United States, David Ray Papke, Mary Elise Papke
Marquette Benefits and Social Welfare Law Review
The state of rental housing for low-income households in the United States is deplorable. Unaffordable, unsanitary, and insecure, this housing violates the internationally recognized right of housing. While the United States has never formally recognized that right, the right guarantees not only a roof overhead but also affordability, habitability, and security of tenure. Policies and programs seeking to remedy the problems in rental housing might consciously address these aspects of rental housing. Policies and programs of this sort will not be enough to eliminate all problems, but they would alleviate a matter of great embarrassment, namely, the most affluent country …
Contested Actors Around The Initiation Of A Non-Judicial Settlement Mechanism For Past Gross Human Rights Violations: A Socio-Legal Study Of The Ppham Team, Abdul Munif
The Indonesian Journal of Socio-Legal Studies
The PPHAM Team (Non-Judicial Resolution of Past Gross Human Rights Violations) was initiated by the Jokowi-Ma'ruf administration as an alternative settlement mechanism for Past Gross Violations of Human Rights through the issuance of Presidential Decree Number 17/2022 (Keppres 17/2022). From this context, the establishment of the policy was criticized and rejected by civil society organizations (CSOs) and the Victims. This was because the PPHAM Team was deemed a measure of State responsibility “hand-washing” and an indication of impunity preservation. Therefore, this study aimed to evaluate the contestation of actor interests among the State, Victims, CSOs, and others, by emphasizing the …
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Brooklyn Journal of International Law
Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …
Ethics At The Speed Of Business, James A. Doppke Jr.
Ethics At The Speed Of Business, James A. Doppke Jr.
DePaul Business & Commercial Law Journal
This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.
Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims
University of Richmond Law Review
“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”
Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …
Law's Credibility Problem, Julia Simon-Kerr
Law's Credibility Problem, Julia Simon-Kerr
Washington Law Review
Credibility determinations often seal people’s fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is no stable definition of credibility in the law. Courts and agencies diverge at the most basic definitional level in their use of the category.
Consider a real-world example. An immigration judge denies asylum despite the applicant’s plausible and unrefuted account of persecution in their country of origin. The applicant appeals, pointing to the fact that Congress enacted a “rebuttable presumption of credibility” for asylum-seekers “on appeal.” …
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny
Maine Law Review
Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …
Is The Contempt Power Obsolete?, Nino C. Monea
Is The Contempt Power Obsolete?, Nino C. Monea
Dickinson Law Review (2017-Present)
Contempt power has been with us for as long as we’ve had courts in this country. Through summary contempt proceedings, judges may imprison any person they deem insufficiently respectful to the authority of the court—with significantly less due process than a person would be entitled to under any other criminal offense. In theory, this is necessary to maintain order in the court. But in practice, summary contempt power is serially and seriously abused. Judges use incarceration to deal with piddling offenses or for no real reason at all. This Article argues that the concept of allowing judges nearly unbridled discretion …
The Constitution As A Source Of Remedial Law, Carlos Manuel Vázquez
The Constitution As A Source Of Remedial Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
In Equity’s Constitutional Source, Owen W. Gallogly argues that Article III is the source of a constitutional default rule for equitable remedies—specifically, that Article III’s vesting of the “judicial Power” “in Equity” empowers federal courts to afford the remedies traditionally afforded by the English Court of Chancery at the time of the Founding, and to develop such remedies in an incremental fashion. This Response questions the current plausibility of locating such a default rule in Article III, since remedies having their source in Article III would be available in federal but not state courts and would apply to state-law …
Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui
Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell
Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell
Arkansas Law Review
A prison sentence should “not include incurring a great and unforeseen risk of severe illness or death.” But for the 2.3 million people housed in our nation’s prisons and jails during the COVID-19 (“COVID”) pandemic, their sentences have included just that. Since the beginning of the pandemic, the Bureau of Prisons has transferred approximately 49,068 inmates to home confinement. The decision to expand home confinement is an important one. It is a step in the right direction to address another broader, and distinctly American, issue: mass incarceration. Lawmakers on both sides of the political aisle have reached the consensus “that …
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton
Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton
Villanova Environmental Law Journal
No abstract provided.
The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin
The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin
Villanova Environmental Law Journal
No abstract provided.
A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson
A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson
Arkansas Law Notes
In 2021, the Arkansas General Assembly overwhelmingly approved Act 1036, the Justice for Vulnerable Victims of Sexual Abuse Act. This Act amends the statute of limitations for “vulnerable victims” of sexual abuse. The Act allows a person who was either disabled, a minor, or both at the time he or she was a victim of sexual abuse to bring a civil action against an alleged abuser until the age of fifty-five (55)—replacing the former statutory age limit of twenty-one (21). The Act also revives previously time-barred claims for a period not earlier than six (6) months after and not later …
Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo
Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo
BYU Law Review
This Article uses two recent decisions — one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors — to explore deeper connections between class action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention …
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
All Faculty Scholarship
Compelled interoperability can be a useful remedy for dominant firms, including large digital platforms, who violate the antitrust laws. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.
Given the wide variety of structures and business models for big tech, “interoperability” must be defined broadly. It can realistically include everything from “dynamic” interoperability that requires real time sharing of data and operations, to “static” interoperability which requires portability but not necessarily real time interactions. Also included are the compelled sharing of intellectual property or …
Routine Activities And Their Relationship To Crime Among Community Members In Ramallah And Al-Bireh, Younes Ahmed Rabee, Ayed Awad Al-Wareikat
Routine Activities And Their Relationship To Crime Among Community Members In Ramallah And Al-Bireh, Younes Ahmed Rabee, Ayed Awad Al-Wareikat
Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي
The study aimed to identify the practical routine activities of individuals and their daily routine activities and their relationship with their being victims of crime, and used the qualitative descriptive approach by conducting fifty personal interviews with victims of crime of all kinds in the past years 2020 in Ramallah and A Bireh governorate, and reached The study found, notably the existence of a relationship between the practical routine activities of individuals of victims of various crimes and their occurrence in crime, and the absence of a relationship between the daily routine activities of victims of various crimes and their …
Discovering Ebay's Impact On Copyright Injunctions Through Empirical Evidence, Matthew Sag, Pamela Samuelson
Discovering Ebay's Impact On Copyright Injunctions Through Empirical Evidence, Matthew Sag, Pamela Samuelson
Faculty Articles
This Article reports on new empirical evidence discrediting the widely held view that judges have resisted applying the Supreme Court’s teachings in eBay Inc. v. MercExchange, L.L.C. about injunctive relief in copyright cases. That 2006 patent law decision ruled that courts should not automatically issue injunctions upon a finding of infringement; instead, plaintiffs must prove their entitlement to injunctive relief. eBay had a seismic impact on patent litigation and greatly reduced the threat that small infringements could be leveraged into billion-dollar settlements. Yet prior empirical work, at least one major copyright law treatise, and many articles assert that eBay had …
The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman
The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman
Fordham Journal of Corporate & Financial Law
For many years, we and other commentators have observed the problem with allowing judges wide discretion to fashion appraisal awards to dissenting shareholders based on widely divergent, expert valuation evidence submitted by the litigating parties. The results of this discretionary approach to valuation have been to make appraisal litigation less predictable and therefore more costly and likely. While this has been beneficial to professionals who profit from corporate valuation litigation, it has been harmful to shareholders, making deals costlier and less likely to be completed.
In this Article, we propose to end the problem of discretionary judicial valuation by tracing …