Legal Remedies Commons^™

Tracing, Peter B. Oh

ExpressO

Tracing is a method that appears within multiple fields of law. Distinct conceptions of tracing, however, have arisen independently within securities and remedial law. In the securities context plaintiffs must “trace” their securities to a specific offering to pursue certain relief under the Securities Act of 1933. In the remedial context victims who “trace” their misappropriated value into a wrongdoer’s hands can claim any derivative value, even if it has appreciated.

This article is the first to compare and then cross-apply tracing within these two contexts. Specifically, this article argues that securities law should adopt a version of the “rules-based …

Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins

ExpressO

This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.

Rethinking Place Of Business As Choice Of Law In Class Action Lawsuits, Allison M. Gruenwald

Vanderbilt Law Review

In the past century, businesses have come to operate on a national and often global level. In the past century, the United States has seen an enormous nationalization and even globalization of business. As a result, the actions of a single company increasingly have the potential to affect people far beyond the boundaries of that company's home state. When one or a few companies injure large numbers of consumers across the country, aggregate litigation (namely the class action lawsuit) becomes an especially attractive remedy. Aggregating claims allows plaintiffs to save time and money and may also enable them to present …

World War Ii & Heirless Art: Unleashing The Final Prisoners Of War, Julia Parker

Cardozo Journal of International and Comparative Law

The note emphasizes the critical need for the restitution of heirless art looted during World War II, advocating for international cooperation to ensure these artworks are returned to their rightful heirs or used to preserve Jewish cultural heritage. It highlights the moral and legal imperative to address the legacy of Nazi theft and genocide through transparent and equitable solutions.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Ubi Remedium, Ibi Ius At The Wto, Joel P. Trachtman

ExpressO

The WTO law of remedies for violation appears incoherent. States that fail to comply with their obligations are subject to WTO-authorized retaliation. First, this retaliation takes the inefficient form of blocked trade by the complaining state. This remedy is unlikely to be useful to developing countries. Second, the amount of trade blocked by the violation is often used as the measure of authorized retaliation. This measure is not necessarily incentive compatible, as it is not necessarily linked to welfare. Thus, its use may result in inefficient breach, or inefficient compliance, with WTO law. Third, only states that engage in dispute …

Remedies And The Cisg: Another Perspective, Robert A. Hillman

Cornell Law Faculty Publications

In this brief comment, I apply behavioral decision theory to the question of the enforcement in transnational sales of super-compensatory agreed damages. I conclude that a good case can be made that such damages provisions should be enforced.

Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan

ExpressO

U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages analyzes and critiques the three primary areas in which the U.S. Supreme Court has found federal constitutional limits on a state’s power to articulate, develop, and apply its common law of torts. It is the first piece to consider all three areas together as an emerging body of jurisprudence which Professor Galligan calls U.S. Supreme Court tort reform. After setting forth a modest model of adjudication, the article applies that model to each of the three areas: defamation and related …

Finding The Contract In Contracts For Law, Forum, And Arbitration, William John Woodward

ExpressO

Contract provisions specifying the law or forum (either judicial or arbitration) have begun appearing in litigated cases, as businesses have pressed many courts for their enforcement against consumers. In at least some of the cases, enforcement of a choice of law provision results in the displacement of the consumer’s home state protection by the lesser consumer protection of the State of the form drafter’s choosing. This phenomenon raises serious problems of federalism and local control of consumer protection. But while considerable scholarly attention has been lavished on so-called “mandatory arbitration” in this context, much less has attempted to improve our …

Civil Rights In Ordinary Tort Cases: Race, Gender, And The Calculation Of Economic Loss, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

This article explores race and sex bias in the computation of damages for loss of future earning capacity, an important component of economic loss in personal injury cases. It analyzes recent cases in the United States and in Canada which reject the use of race and sex-based tables to determine awards for female and minority plaintiffs and explains the method used by the special master in the September 11th Compensation Fund. Chamallas explores objections to reform -- from both the “right” and the “left” –- and makes the case for connecting civil rights principles to civil litigation.

Rule-Oriented Realism, Emily Sherwin

Michigan Law Review

In his new book The Law and Ethics of Restitution, Hanoch Dagan undertakes to explain and justify the American law of restitution. He offers a broad theoretical account of this poorly understood subject, designed not only to fortify the substantive law of restitution but also to clarify the role and methodology of courts in developing the field. Dagan's book also provides lively discussion of the role of restitution in some of the most highly publicized legal developments of recent years. Those who think of restitution as an obscure branch of "legal remedies" may be surprised to read about the …

The Third Wave Of Crime Victims' Rights: Standing, Remedy, And Review, Douglas E. Beloof

BYU Law Review

No abstract provided.

Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman

BYU Law Review

No abstract provided.

The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges

Law Faculty Publications

The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …

Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados

Cardozo Journal of International and Comparative Law

The article argues that adopting NAFTA-like investor protection provisions in the Free Trade Area of the Americas (FTAA) could significantly increase foreign direct investment (FDI) across the Americas, benefiting both investors and host countries. It emphasizes the importance of balancing investor rights with public interest considerations, such as environmental regulation, and highlights the need for clear definitions and procedural safeguards in the FTAA's investment chapter. The article also underscores the role of legal reforms and policy liberalization in Latin American and Caribbean countries (LAC) to maximize the agreement's potential benefits.

Genetic Information, Privacy And Insolvency, Edward J. Janger

Faculty Scholarship

No abstract provided.

Brown’S Legacy: The Promises And Pitfalls Of Judicial Relief, Deborah Jones Merritt

The Ohio State University Moritz College of Law Working Paper Series

Brown v. Board of Education marked a turning point for both civil rights and judicial activism. During the half century since Brown, social activists of all kinds have sought policy changes from the courts rather than legislatures. That trend has produced social benefits but, over time, it has also shifted political power to elites. This essay explores the possibility of retaining Brown's promise for racial equality while reinvigorating an electoral politics that would better represent many of the people Brown intended to benefit.

The Risks Of And Reactions To Underdeterrence In Torts, Thomas C. Galligan

ExpressO

The Risks of and Reactions to Underdeterrence in Torts posits that as our nation considers tort reform at both the state and federal levels, it should not be blinded to the fact that, while tort law may, in some cases, overdeter, it also may underdeter, especially in mass tort cases. The piece contends that the traditional (one-on-one) model of tort law may both cause and exacerbate the underdeterrence problems and, consequently, alternative models (class action, augmented awards, and public tort suits) must be considered and analyzed. The piece proceeds to compare and contrast the strengths and weaknesses of each of …

Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer

Scholarly Articles

None available.

Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan

UIC Law Review

No abstract provided.

Thwarting Ethical Violations With Web Site Disclaimers, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Washington State's 45-Year Experiment In Government Liability, Michael Tardif, Rob Mckenna

Seattle University Law Review

Washington's waiver of sovereign immunity has been in force for nearly forty-five years, during which time many questions have been answered. New litigation, however, continues to expand the scope of the waiver, and the extent of liability continues to raise new questions and present difficult problems. Major problems include the uncertainty of case-by-case determinations of government liability and the cost of liability for inherently risky governmental programs, such as corrections and child welfare. Part I of this Article examines the waiver against the background of prior Washington law and the pattern of immunity waivers in other jurisdictions. This examination reveals …

A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown

The Modern American

No abstract provided.

Co-Invest At Your Own Risk: An Exploration Of Potential Remedial Theories For Breaches Of Rights First Refusal In The Venture Capital Context, Elizabeth Cosenza

American University Law Review

No abstract provided.

Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine

UIC Law Review

No abstract provided.

Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux

Publications

This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …

Reparations For Mexican Braceros - Lessons Learned From Japanese And African American Attempts At Redress , Ronald L. Mize Jr.

Cleveland State Law Review

The U.S.-Mexico Bracero Program, 1942-1964, was designed originally to be a war-time labor relief measure that brought Mexican laborers to the United States to work in the agricultural and railroad industries. Over the past six years, I have conducted field research in Colorado and California with those who were most directly impacted by the Bracero Program - the formerly contracted Mexican workers. During the summer of 2002, my research was submitted as expert testimony on behalf of Braceros in a class action lawsuit associated with the Bracero savings program. The ten percent deducted from workers' paychecks is, from my research, …