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Legal Remedies Commons™

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2008

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Institution
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Articles 31 - 60 of 62

Full-Text Articles in Legal Remedies

Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky Jan 2008

Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky

Faculty Publications

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically …


“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard Jan 2008

“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard

NYLS Law Review

No abstract provided.


Sex Offender As Scapegoat: The Monstrous Other Within, John Douard Jan 2008

Sex Offender As Scapegoat: The Monstrous Other Within, John Douard

NYLS Law Review

No abstract provided.


Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz Jan 2008

Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz

NYLS Law Review

No abstract provided.


Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk Jan 2008

Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk

NYLS Law Review

No abstract provided.


In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston Jan 2008

In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston

NYLS Law Review

No abstract provided.


Introduction, Richard Marsico Jan 2008

Introduction, Richard Marsico

NYLS Law Review

No abstract provided.


Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton Jan 2008

Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton

NYLS Law Review

No abstract provided.


Cascade Health Solutions V. Peacehealth, Sara Shouse Jan 2008

Cascade Health Solutions V. Peacehealth, Sara Shouse

NYLS Law Review

No abstract provided.


Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher Jan 2008

Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher

NYLS Law Review

No abstract provided.


Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr. Jan 2008

Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.

NYLS Law Review

No abstract provided.


Reflections On My Years As Corporation Counsel, Peter L. Zimroth Jan 2008

Reflections On My Years As Corporation Counsel, Peter L. Zimroth

NYLS Law Review

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


Taking The Offensive: New York City’S Affirmative Suits, Gail Rubin Jan 2008

Taking The Offensive: New York City’S Affirmative Suits, Gail Rubin

NYLS Law Review

No abstract provided.


Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson Jan 2008

Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson

NYLS Law Review

No abstract provided.


Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin Jan 2008

Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin

NYLS Law Review

No abstract provided.


Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan Jan 2008

Chi Iota Colony Of Alpha Epsilon Pi Fraternity V. City University Of New York, Clinton N. Daggan

NYLS Law Review

No abstract provided.


In Re Davis, Adam Schlusselberg Jan 2008

In Re Davis, Adam Schlusselberg

NYLS Law Review

No abstract provided.


United States V. Grier, Lyndsay V. Ruotolo Jan 2008

United States V. Grier, Lyndsay V. Ruotolo

NYLS Law Review

No abstract provided.


Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes Jan 2008

Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes

NYLS Law Review

No abstract provided.


The Collateral Protection Of Rights In A Global Economy, Sheldon Leader Jan 2008

The Collateral Protection Of Rights In A Global Economy, Sheldon Leader

NYLS Law Review

No abstract provided.


Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman Jan 2008

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

NYLS Law Review

No abstract provided.


The Clinical Year, Stephen Ellmann Jan 2008

The Clinical Year, Stephen Ellmann

NYLS Law Review

No abstract provided.


“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Pairs Thirteen To Sixteen, Michael Sinclair Jan 2008

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Pairs Thirteen To Sixteen, Michael Sinclair

NYLS Law Review

No abstract provided.


Brain, Gender, Law: A Cautionary Tale, Carlin Meyer Jan 2008

Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

NYLS Law Review

No abstract provided.


Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo Jan 2008

Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo

NYLS Law Review

No abstract provided.


Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben Jan 2008

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.


Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk Jan 2008

Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk

Articles

Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …


Requiem For Section 1983, Paul D. Reingold Jan 2008

Requiem For Section 1983, Paul D. Reingold

Articles

Section 1983 no longer serves as a remedial statute for the people most in need of its protection. Those who have suffered a violation of their civil rights at the hands of state authorities, but who cannot afford a lawyer because they have only modest damages or seek only equitable remedies, are foreclosed from relief because lawyers shun their cases. Today civil rights plaintiffs are treated the same as ordinary tort plaintiffs by the private bar: without high damages, civil rights plaintiffs are denied access to the courts because no one will represent them. Congress understood that civil rights laws …


Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay Jan 2008

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Articles

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …