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Legal Remedies Commons™

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2005

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Institution
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Articles 31 - 41 of 41

Full-Text Articles in Legal Remedies

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossission Of Mexican Landowners In California After 1848, Kim David Chanbonpin Jan 2005

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossission Of Mexican Landowners In California After 1848, Kim David Chanbonpin

Cleveland State Law Review

The goal of this paper is to show how the rule in Plume v. Seward and the actual practice of the Board of Land Commissioners in California at the time are not in synch. In Section II, I provide the historical background to the United States imperialist goal of Manifest Destiny. This section also gives a factual introduction to Plume and the procedure of the Board of Land Commissioners. Section III contrasts the result in Plume with the outcomes in the Board's decisions in factually similar land claims. Section IV analyzes the Guadalupe-Hidalgo Treaty Land Claims Act proposed to Congress …

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Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark Jan 2005

Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark

Seattle University Law Review

It has been more than eighteen years since the Washington Supreme Court handed down its landmark decision in Hangman Ridge Training Stables v. Safeco Title Insurance Company. This was the final decision in a string of cases in which the court attempted to resolve problems arising from the application and interpretation of the right to a private cause of action under Washington's Consumer Protection Act ("CPA"). This Article explores the application of the public interest requirement since the decision in Hangman Ridge and considers whether the tests devised by the Hangman Ridge court to determine public interest are still …

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Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt Jan 2005

Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone Jan 2005

Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone

NYLS Law Review

No abstract provided.

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Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko Jan 2005

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.

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In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney Jan 2005

In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney

NYLS Law Review

No abstract provided.

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Alvarez-Machain Ii: The Supreme Court's Reliance On The Non-Self-Executing Declaration In The Senate Resolution Giving Advice And Consent To The International Covenant On Civil And Political Rights, Malvina Halberstam Jan 2005

Alvarez-Machain Ii: The Supreme Court's Reliance On The Non-Self-Executing Declaration In The Senate Resolution Giving Advice And Consent To The International Covenant On Civil And Political Rights, Malvina Halberstam

Articles

No abstract provided.

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Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar Jan 2005

Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar

Articles

The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …

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Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas Jan 2005

Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux Jan 2005

Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux

Publications

The Civil Rights Act of 1991, which provides compensatory and punitive damages and attendant jury trials in cases alleging intentional discrimination, was designed to enhance enforcement and expand remedies. Its enactment, however, has triggered a schism among the circuit courts over what the proper standard is for determining whether monetary damages or injunctive relief predominates, a necessary inquiry for determining whether plaintiffs are entitled to class certification for Title VII claims under Rule 23(b)(2) of the Federal Rules of Civil Procedure. Led by the Fifth Circuit, some federal appeals courts contend that monetary relief predominates unless it is “incidental,” and …

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Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar Jan 2005

Reform Of Imf Conditionality - A Proposal For Self-Imposed Conditionality, Ofer Eldar

Faculty Scholarship

The IMF has faced criticism of its expansive use of conditionality. The paper proposes a new procedure for IMF lending designed to meet these criticisms by arguing for the legalization and formalization of the procedure for IMF lending in the light of legal concepts derived mainly from national administrative laws. The gist of the procedure is that, rather than have the IMF determine loan conditions following informal negotiations with member countries, countries seeking Fund assistance will design the conditions themselves. The IMF will have specified powers under which to review these conditions. Apart from other procedural requirements, conditions will have …

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