Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (6)
- Family Law (2)
- Labor and Employment Law (2)
- Legislation (2)
- Torts (2)
-
- Administrative Law (1)
- Business Organizations Law (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Criminal Law (1)
- Dispute Resolution and Arbitration (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Law (1)
- Legal History (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Property Law and Real Estate (1)
- Securities Law (1)
- Supreme Court of the United States (1)
- Workers' Compensation Law (1)
- Institution
- Keyword
-
- Remedies (3)
- Damages (2)
- American Indian law (1)
- Arwed Blomeyer (1)
- Breach (1)
-
- Cases (1)
- Civil RICO (1)
- Civil procedure (1)
- Comparative law (1)
- Corporation law (1)
- Counties (1)
- County of Oneida New York v. Oneida Indian Nation of New York State (1)
- Deceit (1)
- Defenses (1)
- Docket No. 83-1065 (1)
- Docket No. 83-1240 (1)
- Employer and employee (1)
- Fraud (1)
- Goods (1)
- Heartbalm acts (1)
- Hostile takeovers (1)
- Indemnification (1)
- Indian land claims (1)
- Indian tribes (1)
- Interference with a prospective business advantage (1)
- Judicial remedies (1)
- Kentucky (1)
- Marriage (1)
- New York v. Oneida Indian Nation of New York State (1)
- Oregon (1)
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Legal Remedies
Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian
Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian
Michigan Law Review
This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
Faculty Publications
When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …
Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law
Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law
Washington and Lee Law Review
No abstract provided.
Heartbalm Statutes And Deceit Actions, Michigan Law Review
Heartbalm Statutes And Deceit Actions, Michigan Law Review
Michigan Law Review
This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …
The Legal Recognition Of Medical Malpractice Tort Claims Based Upon Theories Of Wrongful Birth And Wrongful Life, Kevin L. Mayo
The Legal Recognition Of Medical Malpractice Tort Claims Based Upon Theories Of Wrongful Birth And Wrongful Life, Kevin L. Mayo
North Carolina Central Law Review
No abstract provided.
Confronting The Fictions Of The Eleventh Amendment: Pennhurst State School And Hospital V. Halderman, 104 S. Ct. 900 (1984), Camille Gearhart
Confronting The Fictions Of The Eleventh Amendment: Pennhurst State School And Hospital V. Halderman, 104 S. Ct. 900 (1984), Camille Gearhart
Washington Law Review
This Note encourages lower federal courts to abandon the fictions of Ex Parte Young completely. The Note begins by exploring the history of the fictions of eleventh amendment doctrine. The Note then examines the Pennhurst Court's step forward in scorning these fictions and acknowledging that suits against state officers implicate state sovereignty. The Note next discusses the dilemma created by the Court's ruling that the eleventh amendment constitutionally prohibits federal judicial infringement of state sovereignty while at the same time acknowledging that the doctrine of Ex Parte Young allows such judicial infringement. Finally, the Note proposes that federal courts rely …
Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth
Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman
Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman
UIC Law Review
No abstract provided.
Divisibility Of Advanced Degrees In Equitable Distribution States, 19 J. Marshall L. Rev. 1 (1985), Buddy O.H. Herring
Divisibility Of Advanced Degrees In Equitable Distribution States, 19 J. Marshall L. Rev. 1 (1985), Buddy O.H. Herring
UIC Law Review
No abstract provided.
Tender Offer Litigation And State Law, Mark J. Loewenstein
Tender Offer Litigation And State Law, Mark J. Loewenstein
Publications
The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Publications
No abstract provided.
Kentucky Law Survey: Remedies, Judith K. Jones
Kentucky Law Survey: Remedies, Judith K. Jones
Kentucky Law Journal
No abstract provided.