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Legal Remedies Commons

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Full-Text Articles in Legal Remedies

The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis Apr 1993

The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis

Faculty Law Review Articles

This Note analyzes state allocation in light of these differing approaches. The constitutional analysis of Part II begins with a discussion of Takings Clause issues presented by the former "appropriation" approach. This section suggests some flaws in that approach and some reasons why courts might mistakenly adopt it. Part II then examines the criminal law protections embodied in the Excessive Fines and Double Jeopardy Clauses and evoked by the latter "civil penalty" approach. Next, Part III argues for specific statutory adoption of the civil penalty approach and discusses the practice and policy issues that that approach presents. Finally, an Appendix …


A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya Jan 1993

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.


Understanding The Malpractice Wars, Thomas B. Metzloff Jan 1993

Understanding The Malpractice Wars, Thomas B. Metzloff

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.


An Essay On Private Remedies, Emily Sherwin Jan 1993

An Essay On Private Remedies, Emily Sherwin

Cornell Law Faculty Publications

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.