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Articles 61 - 74 of 74
Full-Text Articles in Legal Remedies
The Case For Punitive Damages In Contracts, William S. Dodge
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
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.
Understanding The Malpractice Wars, Thomas B. Metzloff
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
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
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
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
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
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
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
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
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
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
Oppugnancy And Oppression In Close Corporations: Remedies In America And In Britain, F. Hodge O'Neal
Faculty Scholarship
No abstract provided.