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Articles 31 - 49 of 49
Full-Text Articles in Legal Remedies
Burda Media, Inc. V. Viertel, Aaron F. Miner
How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh
How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh
NYLS Law Review
No abstract provided.
Separating The Criminals From The Community: Procedural Remedies For “Innocent Owners” In Public Housing Authorities, Sarah N. Kelly
Separating The Criminals From The Community: Procedural Remedies For “Innocent Owners” In Public Housing Authorities, Sarah N. Kelly
NYLS Law Review
No abstract provided.
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
NYLS Law Review
No abstract provided.
A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis
A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis
NYLS Law Review
No abstract provided.
Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin
Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin
Richmond Journal of Law and the Public Interest
In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?
The Limitations Of Legislatively Imposed Damages Caps: Proposing A Better Way To Control The Costs Of Medical Malpractice, Nancy L. Zisk
The Limitations Of Legislatively Imposed Damages Caps: Proposing A Better Way To Control The Costs Of Medical Malpractice, Nancy L. Zisk
Seattle University Law Review
This Article considers whether state damages caps are constitutional and examines recent studies suggesting that damages caps are not achieving their intended goals. Given the mounting evidence against the effectiveness of damages caps and the questions about their constitutional validity, this Article proposes moving away from legislative caps on damages. Instead, this Article argues for a modified market model based on a combination of improved care, which would include improvements in service; better peer review; and, if necessary, legislation which would be designed to protect the confidentiality of peer review, reduce frivolous lawsuits, and regulate insurance rate increases. Part II …
Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki
Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki
Cardozo Journal of Conflict Resolution
Any lawyer knows that words and language are important. A single word can derail a painstakingly written contract; the characterization of a would-be killer as a victim framed by racist police officers, rather than a jealous husband, can change the outcome of a case. Yet like many maxims, this important lesson is often forgotten when one is not confronted with the direct principles of words and language. Moreover, even most lawyers do not fully understand how to appropriately utilize the language tools that can change outcomes: myopically focusing on specific issues or characterizations rather than the overall conceptual frames.
Barry Scheck Lectures On Wrongful Convictions, Barry Scheck
Barry Scheck Lectures On Wrongful Convictions, Barry Scheck
Articles
The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.
Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain
Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain
Faculty Scholarship
No abstract provided.
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Cardozo Journal of Conflict Resolution
This Note discusses the advantages and drawbacks of mandating participation in mediation in medical malpractice disputes. Part II of this Note reviews the extent of the current medical malpractice crisis. Part III examines litigation as the traditional means of resolving medical malpractice disputes and suggests that litigation's weaknesses eclipse any of its strengths. Part IV evaluates the lingering challenges to arbitration, accounting for its ineffectiveness in resolving medical malpractice disputes. Part V analyzes why mediation may be the better alternative to both litigation and arbitration in resolving such disputes, and how its hurdles can be best surmounted by mandatory mediation. …
Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes
Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes
Seattle University Law Review
On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Money As A "Specific" Remedy, Colleen P. Murphy
Money As A "Specific" Remedy, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse
Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.
How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn
How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios
What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.
Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen
Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen
Faculty Scholarship
In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. 3 The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. 4 The purchaser testified that a firearm was visible during two of these drug sales.5 Police seized another gun from Angelos' home five months later pursuant to a warrant.6 At no time was …
Foreword: Confronting The Rights Deficit At Home And Abroad, Ruben J. Garcia
Foreword: Confronting The Rights Deficit At Home And Abroad, Ruben J. Garcia
Scholarly Works
In this foreword, the author introduces the idea of the rights deficit faced by people of color and low socioeconomic status by linking it to related debates—first on the nature of rights and second on whether there are domestic and international “democracy deficits.” Then the author describes the essays from the 2006 Western Law Professors of Color Conference in the three groups in which they appear in the issue. One group of essays focuses on the aftermath of Hurricane Katrina for the domestic rights deficit. In the area of education law and policy, the issue is not just the rights …