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Full-Text Articles in Legal Remedies
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 …
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, …
Where The Money Is: Remedies To Finance Compliance With Strict Structural Injunctions, James M. Hirschhorn
Where The Money Is: Remedies To Finance Compliance With Strict Structural Injunctions, James M. Hirschhorn
Michigan Law Review
This Article examines the formal powers that are available to the federal courts to meet this situation. Part I places the problem in perspective, describing the party structure of the institutional reform decree, the :financial burdens it places on the government defendants, and the relationship of these defendants to the fiscal authorities. Part II surveys the coercive powers historically available to the federal courts sitting in equity. Part III discusses the use of these devices against government defendants who claim financial impossibility. It emphasizes the limited recognition of impossibility, the power to compel the defendants to use available resources efficiently …
Res Judicata And Multi-State Integration, Lea Brilmayer
Res Judicata And Multi-State Integration, Lea Brilmayer
Michigan Law Review
A Review of Civil Judgment Recognition and the Integration of Multiple-State Associations: Central America, the United States of America, and the European Economic Community by Robert C. Casad
Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld
Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld
Michigan Law Review
The history of the enforcement of money judgments in the United States during the colonial period and the early days of statehood has never been explored in depth. The only modern account is the brief discussion in R. Millar's Civil Procedure of the Trial Court in Historical Perspective. Yet, in view of the recent and long overdue concern with the protection of debtors against unnecessarily harsh and oppressive direct collection remedies, a study of the early efforts designed to shield debtors from excessive and wasteful deprivations of their property is not without interest, especially as the record is rich …
Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal
Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal
Michigan Law Review
Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant variables. A discussion of the principles is meaningful only if specific situations are discussed; to talk in generalities is not profitable. Therefore, for the sake of clarity, this Article will consider several typical situations.
Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell
Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell
Michigan Law Review
The Eleventh Amendment to the Federal Constitution postponed for over a century the settlement of the question whether a state of the United States can be coerced to pay a money judgment rendered against it in the Supreme Court of the United States. This it did by postponing the rendition of money judgments against a state. In 1793, it will be remembered, Chisholm v. Georgi4 had held that the provisions of Article III of the Constitution, extending the federal judicial power "to controversies * * * between a state and citizens of another state," and giving the Supreme Court original …