Open Access. Powered by Scholars. Published by Universities.®

Legal Remedies Commons

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year

Articles 61 - 74 of 74

Full-Text Articles in Legal Remedies

The Case For Punitive Damages In Contracts, William S. Dodge Jan 1999

The Case For Punitive Damages In Contracts, William S. Dodge

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 Jan 1993

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 Jan 1993

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.


Understanding The Malpractice Wars, Thomas B. Metzloff Jan 1993

Understanding The Malpractice Wars, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.


Fee-Shifting Offers Of Judgment–An Approach To Reducing The Cost Of Litigation, William W. Schwarzer Jan 1992

Fee-Shifting Offers Of Judgment–An Approach To Reducing The Cost Of Litigation, William W. Schwarzer

Faculty Scholarship

No abstract provided.


The Disaggregation Of Damages Requirement In Private Monopolization Actions, James R. Mccall Jan 1987

The Disaggregation Of Damages Requirement In Private Monopolization Actions, James R. Mccall

Faculty Scholarship

No abstract provided.


Rethinking The Theory Of Legal Rights, Jules S. Coleman, Jody S. Kraus Jan 1986

Rethinking The Theory Of Legal Rights, Jules S. Coleman, Jody S. Kraus

Faculty Scholarship

In the economic approach to law, legal rights are designed, in part, to overcome the conditions under which markets fail. In correcting for market failure, economic analysis endorses two rules for assigning legal rights. The first specifies the allocation of rights under conditions of rational cooperation, full information and zero transaction costs. Provided that exchange is available and that obstacles to exercising it are insignificant, rational cooperators will negotiate around inefficiencies. Under these conditions, legal rights are not assigned in order to establish optimal levels of resource deployment directly; rather, they establish well-defined entitlements or negotiation points which create a …


The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine Jan 1984

The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine

Faculty Scholarship

No abstract provided.


The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar Jan 1982

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane Jan 1978

Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Utilizing Rule 10b-5 For Remedying Squeeze-Outs Or Oppression Of Minority Shareholders, F. Hodge O'Neal, Ronald R. Janke Jan 1975

Utilizing Rule 10b-5 For Remedying Squeeze-Outs Or Oppression Of Minority Shareholders, F. Hodge O'Neal, Ronald R. Janke

Faculty Scholarship

No abstract provided.


The Past As Prologue: A History Of The Right To Repossess, James R. Mccall Jan 1973

The Past As Prologue: A History Of The Right To Repossess, James R. Mccall

Faculty Scholarship

No abstract provided.


Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin Jan 1971

Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin

Faculty Scholarship

Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …


Oppugnancy And Oppression In Close Corporations: Remedies In America And In Britain, F. Hodge O'Neal Jan 1959

Oppugnancy And Oppression In Close Corporations: Remedies In America And In Britain, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.