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Articles 1 - 30 of 62
Full-Text Articles in Legal Remedies
Long Live The Lie Bill!, Lucila I. Van Dam
Long Live The Lie Bill!, Lucila I. Van Dam
University of Michigan Journal of Law Reform
What successful defamation plaintiffs typically desire and doctrinally deserve is to have their reputations restored. Presently, however, a plaintiff who has established that she was defamed by the defendant is entitled only to an award of damages, which does nothing to restore reputation. This Note proposes that in addition to a damages award, courts-- if they are to take seriously their obligation to compensate the plaintiff-- should order the defendant to retract the defamatory statement. Contrary to the prevailing view, this Note argues that the proposed retraction order does not jeopardize the First Amendment guarantee of free expression.
What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg
What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg
Articles
During the twentieth century a particular ideology inspired specific efforts to utilize the power of the law to redress episodes of mass atrocity-in particular genocide. The idea has been that accountability and reparations are necessary for moving beyond a past marred with crimes of genocide and crimes against humanity. Trials are often claimed to aid this process on the grounds that they create an irrefutable historic record, punish the perpetrators for the sake of justice and deterrence, and promote peace and reconciliation. This Article interrogates the stated goals of accountability, in particular the goal of reconciliation, against the impact, within …
Critique Of Money Judgment Part One: Liens On New York Real Property, David G. Carlson
Critique Of Money Judgment Part One: Liens On New York Real Property, David G. Carlson
Articles
The article critically examines the enforcement of money judgments in New York, particularly focusing on liens on real property. It argues that the current system is outdated, arbitrary, and often unfair to creditors, highlighting the need for legislative reforms to create a more equitable and efficient framework. The analysis underscores the complexity and challenges faced by creditors and legal practitioners within the existing structure.
On Writing: The Essay In Jurisprudence, Claire Grant
On Writing: The Essay In Jurisprudence, Claire Grant
Journal of Legal Education
No abstract provided.
Remedies And The Supreme Court's October 2007 Term, Steven H. Steinglass
Remedies And The Supreme Court's October 2007 Term, Steven H. Steinglass
Law Faculty Articles and Essays
For this third annual review of Supreme Court decisions, I have identified three cases from very different areas all of which involve the remedies available for violations of federal law. These cases deal with the following issues: (a) federal remedies for state violations of federal labor policy (Chamber of Commerce); (b) state remedies for violations of the federal Bill of Rights (Danforth) and (c) federal common law standards for awarding punitive damages (Exxon Shipping).
Saving Culture, But Passing The Buck: How The 1970 Unesco Convention Undermines Its Goals By Unduly Targeting Market Nations, Janene Marie Podesta
Saving Culture, But Passing The Buck: How The 1970 Unesco Convention Undermines Its Goals By Unduly Targeting Market Nations, Janene Marie Podesta
Cardozo Journal of International and Comparative Law
The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, while well-intentioned, undermines its goals by adopting a nationalistic approach that disproportionately burdens market nations. This bias leads to ineffective enforcement and incentivizes black-market activities, failing to curb the illicit trade of cultural property. The Convention's emphasis on source nations' ownership claims often results in penalizing market nations, discouraging cooperation and perpetuating the problem.
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
University of Richmond Law Review
This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Michigan Law Review
Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however make decisions based on private costs and benefits, not social costs and …
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
San Diego International Law Journal
The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …
What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok
What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok
Michigan Law Review
Twenty years ago, Deborah Hensler and a team of scholars at the RAND Corporation's Institute for Civil Justice issued a report entitled Trends in Tort Litigation: The Story Behind the Statistics. Pressure had been mounting both in the business community and the Republican Party to "reform" tort law throughout the 1980s. There was concern that Americans "egged on by avaricious lawyers, sue[d] too readily, and irresponsible juries and activist judges wayla[id] blameless businesses at enormous cost to social and economic well-being." The RAND report argued that the real risk of a torts "explosion" came from the world of mass …
Failed Lawyers And The Sources Of Satire, Charles M. Yablon
Failed Lawyers And The Sources Of Satire, Charles M. Yablon
Articles
Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.
Improving The Reliability Of Criminal Trials Through Rules That Encourage Defendants To Testify, Jeffrey Bellin
Improving The Reliability Of Criminal Trials Through Rules That Encourage Defendants To Testify, Jeffrey Bellin
Vanderbilt Law School Faculty Publications
Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject. This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …
After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok
After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok
Articles
This short essay was written for a symposium on The Future of Punitive Damages held at the Charleston School of Law in 2007. I argue that the ratio rule (that punitive damages that exceed a single digit ratio presumptively violate the Due Process Clause), introduced by the Supreme Court in Campbell, is unlikely to survive. I argue this for three reasons. First, many lower courts have found ways to conceal punitive damages awards that impose, in reality, ratios in the double-digits. Second, the refusal of the Court to reverse the plaintiffs punitive damages award in Williams under the ratio rule …
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
American University Law Review
No abstract provided.
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
University of Richmond Law Review
This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers.Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immi-grant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations govern-ing U nonimmigrant visas for certain crime victims. Several of the enumerated eligible crimes in the U …
Commonwealth Of Perspective On Restitutionary Disgorgement For Breach Of Contract, Caprice L. Roberts
Commonwealth Of Perspective On Restitutionary Disgorgement For Breach Of Contract, Caprice L. Roberts
Washington and Lee Law Review
No abstract provided.
Restitution And The Production Of Legal Doctrine, Chaim Saiman
Restitution And The Production Of Legal Doctrine, Chaim Saiman
Washington and Lee Law Review
No abstract provided.
Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman
Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman
Washington and Lee Law Review
No abstract provided.
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Washington and Lee Law Review
No abstract provided.
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Faculty Scholarship
One of the bedrock principles of contemporary international law is that victims of human rights violations have a right to an “effective remedy.” International courts usually hold that effective remedies must at least make the victim whole, and they sometimes adopt even stronger remedial rules for particular categories of human rights violations. Moreover, courts have refused to permit departure from these rules on the basis of competing social interests. Human rights scholars have not questioned this approach, frequently pushing for even stronger judicial remedies for rights violations. Yet in many cases, strong and inflexible remedial rules can perversely undermine human …
Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington
Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Remedying Our Fragmented Governmental Structures To Deal With Our Nation-On-Edge Problems, Jeffrey G. Miller
Remedying Our Fragmented Governmental Structures To Deal With Our Nation-On-Edge Problems, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring unique local solutions. In this Article, Jeffrey G. Miller challenges this assumption, reasoning that a flexible framework of federal regulations would indeed be effective at remedying these problems. He suggests that such a framework could be modeled after the Clean Water Act's (CWA's) point source pollution control regime. A permitting system similar to that set out in the CWA would promote best management practices while still allowing local entities the freedom to determine …
Asbestos Achievements, Anita Bernstein
Alternative Methods Of Appellate Review In Trade Remedy Cases: Examining Results Of U.S. Judicial And Nafta Binational Review Of U.S. Agency Decisions From 1989 To 2005, Juscelino F. Colares
Alternative Methods Of Appellate Review In Trade Remedy Cases: Examining Results Of U.S. Judicial And Nafta Binational Review Of U.S. Agency Decisions From 1989 To 2005, Juscelino F. Colares
Faculty Publications
When the United States and Canada agreed to replace U.S. judicial review of trade-remedy cases with a new dispute mechanism under Chapter 19 of the Canada-United States Free Trade Agreement (now the North American Free Trade Agreement), the U.S. Congress and trade negotiators expected that the new dispute settlement panels would apply U.S. law and the standard of review in the same manner as U.S. courts. This requirement was embodied in the text of the agreement and has at least nominally been applied by Chapter 19 panels ever since. Empirical analysis of seventeen years of decisions now allows a conclusion …
Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger
Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger
Articles
The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions, to incentivize claims management in addition to harm-reduction responses that are cost- rather than liabilityminimizing. This article works in the intersection of these two understudied areas, focusing on claims management steps taken by frequently sued organizations, and opening a window into the black box of deterrence to see how those steps may end up serving harm-reduction purposes as …
A Response: Why William Nelson’S Analysis Of The Law Department 1946–1965 Is Wrong, Paul A. Crotty
A Response: Why William Nelson’S Analysis Of The Law Department 1946–1965 Is Wrong, Paul A. Crotty
NYLS Law Review
No abstract provided.
Independent Protection And Advocacy: Th E Role Of Counsel In Institutional Settings, Karen O. Talley
Independent Protection And Advocacy: Th E Role Of Counsel In Institutional Settings, Karen O. Talley
NYLS Law Review
No abstract provided.
The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin
The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin
NYLS Law Review
No abstract provided.
No Money? No Problem: Legal Aid Lawyers Find Innovative Ways To Serve The Rural Poor, Tim Kerrigan
No Money? No Problem: Legal Aid Lawyers Find Innovative Ways To Serve The Rural Poor, Tim Kerrigan
Public Interest Law Reporter
No abstract provided.
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.