Legal Remedies Commons^™

The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff

Cleveland State Law Review

A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent …

Notes On Borrowing And Convergence, Robert Tsai, Nelson Tebbe

Scholarly Articles in Law Reviews & Journals

his is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Scholarly Articles in Law Reviews & Journals

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in …

Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, Michael M. Hill

Georgia Law Review

The case of Troy Davis shows how difficult it is for a
convicted criminal defendant to obtain postconviction
review of witness recantations. Convicted of murder on
the testimony of nine eyewitnesses, Davis spent over a
decade petitioning for judicial review of the recantations of
seven of those witnesses before the U.S. Supreme Court
ordered an evidentiary hearing in 2009. Concurrently, the
DNA revolution continued to prove the innocence of an
increasing number of convicted inmates across the nation,
and the majority of those convictions had relied on
eyewitness testimony. If these scientific advances suggest
that eyewitness identification is not as …

Compensating Market Value Losses: Rethinking The Theory Of Damages In A Market Economy, Steven L. Schwarcz

Faculty Scholarship

The BP Deepwater Horizon spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars — judicial inconsistency and confusion in ruling whether to compensate for the loss in market value of wrongfully affected property. This article seeks to understand the anomaly and, in the process, to build a stronger foundation for enabling courts to decide when — and in what amounts — to award damages for market value losses. To that end, the Article analyzes the normative rationales for generally awarding damages, adapting those rationales to derive a theory of damages that …

Sifting Through The Wreckage: An Analysis And Proposed Resolution Concerning The Disposition Of Historic Shipwrecks Located In International Waters, Jeremy Neil

NYLS Law Review

No abstract provided.

Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar

NYLS Law Review

No abstract provided.

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.

Lyondell: A Note Of Approbation, William W. Bratton

NYLS Law Review

No abstract provided.

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi

NYLS Law Review

No abstract provided.

Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang

NYLS Law Review

No abstract provided.

The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo

NYLS Law Review

No abstract provided.

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.

The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag

NYLS Law Review

No abstract provided.

H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye

NYLS Law Review

No abstract provided.

Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez

NYLS Law Review

No abstract provided.

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.

Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan

NYLS Law Review

No abstract provided.

United States V. Memorial Sloan-Kettering Cancer Center, Justin Lerner

NYLS Law Review

No abstract provided.

Sifre V. Sifre, Victoria Rosner

NYLS Law Review

No abstract provided.

In Re Miguel M., Jonathan Weinstein

NYLS Law Review

No abstract provided.

Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi

NYLS Law Review

No abstract provided.

Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant

NYLS Law Review

No abstract provided.

Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach

NYLS Law Review

No abstract provided.

Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter

NYLS Law Review

No abstract provided.

Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield

NYLS Law Review

No abstract provided.

The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones

NYLS Law Review

No abstract provided.

What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin

NYLS Law Review

No abstract provided.

The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson

NYLS Law Review

No abstract provided.