Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (14)
- Contracts (5)
- Dispute Resolution and Arbitration (5)
- Criminal Law (4)
- Criminal Procedure (4)
-
- Health Law and Policy (4)
- Law and Society (4)
- Consumer Protection Law (3)
- Courts (3)
- Environmental Law (3)
- Law and Economics (3)
- Legal History (3)
- Litigation (3)
- Administrative Law (2)
- Civil Procedure (2)
- Family Law (2)
- Food and Drug Law (2)
- Human Rights Law (2)
- Jurisprudence (2)
- Legislation (2)
- Property Law and Real Estate (2)
- Public Law and Legal Theory (2)
- State and Local Government Law (2)
- Antitrust and Trade Regulation (1)
- Art and Design (1)
- Arts and Humanities (1)
- Business (1)
- Business Organizations Law (1)
- Institution
-
- University of Michigan Law School (5)
- Yeshiva University, Cardozo School of Law (5)
- BLR (3)
- Columbia Law School (3)
- University of Georgia School of Law (3)
-
- Duke Law (2)
- UIC School of Law (2)
- University of Richmond (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Brigham Young University Law School (1)
- New York Law School (1)
- Pace University (1)
- Seattle University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of New Hampshire (1)
- Vanderbilt University Law School (1)
- Keyword
-
- Damages (7)
- Remedies (5)
- Torts (4)
- Compensation (3)
- Benefits (2)
-
- Contract law (2)
- Law and Society (2)
- Public Law and Legal Theory (2)
- Restitution (2)
- 407 (1)
- Abuse (1)
- Adaptive preferences (1)
- Aggravated felony (1)
- Alternatives to litigation (1)
- Antitrust (1)
- Apprendi (1)
- Asymmetric discounting (1)
- Award (1)
- Behavior (1)
- Bilateralism (1)
- Booker (1)
- Breach of contract (1)
- Breach of warranty (1)
- Charitable-Donor Standing (1)
- Child (1)
- Civil Law (1)
- Climatic changes (1)
- Commercial behavior (1)
- Comparative negligence (1)
- Consumer Protection Law (1)
- Publication
-
- Faculty Scholarship (5)
- Articles (4)
- ExpressO (3)
- Georgia Law Review (3)
- Cardozo Journal of Conflict Resolution (2)
-
- Cardozo Journal of Equal Rights & Social Justice (2)
- UIC Law Review (2)
- University of Richmond Law Review (2)
- BYU Law Review (1)
- Faculty Publications (1)
- Faculty Works (1)
- Law Faculty Scholarship (1)
- Michigan Law Review (1)
- Michigan Telecommunications & Technology Law Review (1)
- NYLS Law Review (1)
- Pace Law Review (1)
- Publications (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Seattle University Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 38
Full-Text Articles in Legal Remedies
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
Faculty Works
This article explores the background principles of consistency and proportionality in legal rules and remedies. It identifies the relative strength of the interests of individuals and the public as the key to justifying the remedies available in different areas of law. Understanding the normative guidance of particular legal rules reveals the strength of society's judgment of the interests at stake in different remedies. For example, the principle of consistency generally means that a legal doctrine applying an objective measure of one's interest must apply a like-kind measure to all interests considered, absent some explicit and justifiable basis for different formulations. …
Taxation Without Duplication: Misattributed Paternity And The Putative Father's Claim For Restitution Of Child Support, Shawn Seliber
Taxation Without Duplication: Misattributed Paternity And The Putative Father's Claim For Restitution Of Child Support, Shawn Seliber
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
Faculty Publications
The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …
Now, Later, Or Never: Applying Asymmetric Discount Rates In Nuisance Remedies And Federal Regulations, Yang Wang
Michigan Law Review
Part I of this Note reviews recent literature on the need for asymmetric discount rates in cost-benefit analysis. It observes that even though scholars disagree on the precise value of the appropriate discount rate, many agree that future costs and benefits must be discounted at different rates. Part II then constructs a simple model, consisting of two activities competing for the same resource, and analyzes the consequences of asymmetric discounting under this model. This Part proposes that, to maximize the joint social utility, the resource should be time divided between the competing activities rather than permanently allocated to one or …
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review
No abstract provided.
As If It Had Never Happened, Arthur Ripstein
As If It Had Never Happened, Arthur Ripstein
William & Mary Law Review
No abstract provided.
Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis
Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis
University of Richmond Law Review
No abstract provided.
News Media’S Impact On Perceptions Of The Civil Justice System, Hugh M. Robert
News Media’S Impact On Perceptions Of The Civil Justice System, Hugh M. Robert
ExpressO
With cases in the news like the McDonalds case, it has left the public with a very distorted view of the civil justice system. Information about the civil litigation system is critical because citizens report that the news media is their primary source of information about the court system, an even more important source than contact with the courts themselves. With the general public relying primarily on the news media as their source of information, it is necessary to examine what is being reported and the frequency of covering both sides to the story, the true story.
Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast
Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast
ExpressO
The past several years have seen an increasing number of pharmacists refuse to dispense emergency contraception, an effective, post-coital form of contraception, on the grounds that the drug violates their personal beliefs. This Article addresses the impact of those pharmacist refusals under existing principles of tort law. The Article draws on existing pharmacy case law, state-specific refusal clauses, and ethics statements promulgated by professional pharmacy associations to investigate whether pharmacists have a legal duty to dispense emergency contraception, notwithstanding religious or ethical objections. Concluding that in most states, such a legal duty does exist, the Article develops a “wrongful conception” …
Are All ‘Legal Dollars’ Created Equal?, Doron Teichman, Yuval Feldman
Are All ‘Legal Dollars’ Created Equal?, Doron Teichman, Yuval Feldman
ExpressO
For several decades law and economic scholars have employed the tools of price theory in order to evaluate an array of legal questions ranging from criminal sanctions to contract remedies. This vast body of literature implicitly assumed that all payments made through the legal system are fungible. In other words, just as a dollar paid for a tomato is identical to a dollar paid for a cucumber, so are a dollar paid as a pollution tax to the government and a dollar paid as compensation to the party injured by the pollution. In this study we challenge this assumption, and …
The Trial Judge's Equitable Discretion Following Ebay V. Mercexchange, Doug Rendleman
The Trial Judge's Equitable Discretion Following Ebay V. Mercexchange, Doug Rendleman
Scholarly Articles
None available.
Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Law Faculty Scholarship
Federal Rule of Evidence 407 prohibits the introduction of subsequent remedial measures for the purposes of demonstrating negligence, culpable conduct, or product defect. But the rule breaks down, in application and purpose, when a defendant undertakes the new safety measure after the plaintiff's injury, but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety for a variety of reasons. Toxic exposure cases, where exposure often predates diagnosis of the injury by a decade or more, represent a prime example of cases where defendants are likely to …
Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets In Washington, Aric Jarrett
Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets In Washington, Aric Jarrett
Seattle University Law Review
Following this introduction, Part II explores the nature and purposes of prejudgment interest, focusing on the role that prejudgment interest plays in a claimant's remedy or damage award and exploring the historical distinction between liquidated and unliquidated claims. Part III builds on this historical distinction by examining two different approaches for calculating prejudgment interest where a meritorious liquidated claim is countered by a meritorious unliquidated counterclaim: (1) the Washington rule, also known as the interest on the entire claim or interest on the whole rule; and (2) the interest on the balance rule and its slight variation in California, which …
Placing The Commercial And Economic Loss Problem In The Construction Industry Context, 41 J. Marshall L. Rev. 39 (2007), Carl J. Circo
Placing The Commercial And Economic Loss Problem In The Construction Industry Context, 41 J. Marshall L. Rev. 39 (2007), Carl J. Circo
UIC Law Review
No abstract provided.
Software Development As An Antitrust Remedy: Lessons From The Enforcement Of The Microsoft Communications Protocol Licensing Requirement , William H. Page, Seldon J. Childers
Software Development As An Antitrust Remedy: Lessons From The Enforcement Of The Microsoft Communications Protocol Licensing Requirement , William H. Page, Seldon J. Childers
Michigan Telecommunications & Technology Law Review
An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft to "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with Microsoft server operating systems in corporate networks or over the Internet. The short-term goal of the provision is to allow developers, as licensees of the protocols, to write applications for non-Microsoft server operating systems that interoperate with Windows client computers in the same ways that applications written for Microsoft's server operating systems interoperate with Windows clients. The long-term goal …
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
NYLS Law Review
No abstract provided.
Trans Fat: Can New York City Save Its Citizens From This "Metabolic Poison"?, Elizabeth Y. Spivey
Trans Fat: Can New York City Save Its Citizens From This "Metabolic Poison"?, Elizabeth Y. Spivey
Georgia Law Review
Trans fat was developed by chemists at the turn of the century and became an increasingly large part of the American diet. Trans fat in the form of partially hydrogenated vegetable oil now makes up 2% of all calories consumed in the United States. In the past two decades, studies have shown that artificially created trans fat increases cholesterol and increases the risk of coronary heart disease, heart attack, and type II diabetes. In response to these health concerns, New York City's Board of Health voted to ban trans fat from restaurant fare in December 2006. Other cities and local …
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
University of Richmond Law Review
No abstract provided.
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
Wrongful Birth: The Courts' Dilemma In Determining A Remedy For A Blessed Event, Michael T. Murtaugh
Wrongful Birth: The Courts' Dilemma In Determining A Remedy For A Blessed Event, Michael T. Murtaugh
Pace Law Review
No abstract provided.
The Investor Compensation Fund, Alicia J. Davis
The Investor Compensation Fund, Alicia J. Davis
Articles
The prevailing view among securities regulation scholars is that compensating victims of secondary market securities fraud is inefficient. As the theory goes, diversified investors are as likely to be on the gaining side of a transaction tainted by fraud as the losing side. Therefore, such investors should have no expected net losses from fraud because their expected losses will be matched by expected gains. This Article argues that this view is flawed; even diversified investors can suffer substantial losses from fraud, presenting a compelling case for compensation. The interest in compensation, however, should be advanced by better means than are …
A Critique Of The Efficient Performance Hypothesis, Jody S. Kraus
A Critique Of The Efficient Performance Hypothesis, Jody S. Kraus
Faculty Scholarship
The classic economic justification of contract law’s default remedy of expectation damages is grounded on the efficient breach hypothesis: that promisors should be permitted and encouraged to breach when the net gains from breach exceed the net gains from performance. Expectation damages ensure that all and only efficient breaches will occur because promisors will find breach profitable only if its benefits exceed the value of performance to the promisee. The efficient breach hypothesis, and the defense of expectation damages that rests on it, has long been criticized for being inconsistent with the moral intuition that promisors necessarily forfeit their right …
Injunctions In Defamation Cases, Erwin Chemerinsky
Injunctions In Defamation Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry
A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry
Georgia Law Review
Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. …
Restorative Justice And The Sexual Abuse Scandal In The Catholic Church, Janine Geske
Restorative Justice And The Sexual Abuse Scandal In The Catholic Church, Janine Geske
Cardozo Journal of Conflict Resolution
Thank you for the opportunity to speak to you today. I want to begin by telling you how I got into the restorative justice field. I served as a judge for almost twenty years, and nine of those years were in criminal court. My last assignment before going to the Wisconsin Supreme Court was to preside full-time over sexual assault and homicide cases. During the time I spent as a trial court judge, I regularly taught classes at prisons in Wisconsin. About ten years ago, I became involved in a restorative justice program in the Green Bay Correctional Institution, a …
Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis
Cardozo Journal of Conflict Resolution
This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger
Articles
A number of states recognize hedonic damages as a separate category of recovery in tort and tort-like actions. Others consider lost enjoyment of life as an aspect of what are sometimes termed "disability" damages-damages for physical or mental impairment. Many other states permit juries to take account of lost enjoyment of life in setting compensation for pain and suffering or other forms of general damages. In all these jurisdictions, disability has loomed large. And the (explicit or implicit) view of disability is often one of tragic dependency and helplessness. As we show in Part I below, lawyers seeking hedonic damages …
Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara
Cardozo Journal of Equal Rights & Social Justice
The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.
Against Irreparable Benefits, Omri Ben-Shahar
Against Irreparable Benefits, Omri Ben-Shahar
Articles
In a recent essay in The Yale Law Journal, Douglas Lichtman argues that courts considering preliminary injunctions should account for irreparable benefits in addition to irreparable harms. This is a provocative idea. If a preliminary injunction harms one party but benefits the other, and if both effects are equally difficult to subsequently undo, why focus on one effect (harm) and ignore the other (benefit)? There is a compelling geometric validity to this symmetry observation. But is this a valuable “flipping” exercise? Does it shed a new light and provide useful insight into the law of injunctions? In this Response I …
What Are We Comparing In Comparative Negligence?, Paul H. Edelman
What Are We Comparing In Comparative Negligence?, Paul H. Edelman
Vanderbilt Law School Faculty Publications
In tort cases, comparative negligence now is the dominant method for determining damages. Under that method, the jury apportions fault among the parties and assesses damages in proportion to the relative fault assessment. Comparative negligence contrasts with contributory negligence, where any fault attributed to the plaintiff bars recovery. Although comparative negligence routinely governs in tort cases, its most basic feature remains uncertain: how to apportion fault. In this Article, I demonstrate that at least two different methods exist, and that these methods lead to radically different outcomes. I create a framework, building on a traditional model from law and economics, …