Legal Remedies Commons^™

The Remedial Problems Of Stallone V. United States And Jenkins V. Missouri, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The remedies section of the Association of American Law Schools decided to hold a panel discussion at its annual meeting in January 1991 on two 1990 Supreme Court cases, Spallone v. United States' and Missouri v. Jenkins, because these cases raise some troubling questions about the implementation of constitutional remedies. Not surprisingly, the State and Local Government Section was also planning a panel discussion about the same cases because they involve federal courts in local governmental decisions. Thus, the two Sections combined their programs into a double, joint session, the proceedings of which are printed here. This article introduces …

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Georgetown Law Faculty Publications and Other Works

Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Distribution Of Damages In Car Accidents Through The Use Of Neural Networks, Lothar Philipps

Cardozo Law Review

After a traffic accident the damage has to be fairly divided among the parties involved, and a ratio has to be determined. There are many precedents for this, and judges have developed catalogues suggesting ratios for common types of accidents.

The problem that "every case is different," however, remains. Many cases have familiar aspects, but also unfamiliar ones. Even if a case is composed of several familiar aspects with established ratios, the question remains as to how these are to be figured into one ratio. The first thought would be to invent a mathematical formula, but such formulae are rigid …

Comment On Nesson, Joseph Gastwirth

Cardozo Law Review

No abstract provided.

Looking For The Perfect Enforcement Remedy: Old Wine In New Bottles Or: Have I Seen This Movie Before?, James Treadway

Washington and Lee Law Review

No abstract provided.

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Publications

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …

The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein

Cardozo Law Review

Recent changes in the law of securities transfer might be characterized as trying to put an expanding multi-faceted peg in a round hole. The proverbial round hole, of course, is the traditional negotiable instrument concept that a security is transferred by delivery. The peg is the rapidly developing system of securities issuance and holding practices in which an owner's interest in a security is evidenced by an entry on his account with a broker, bank, clearing corporation, or other intermediary, and the security itself is represented by a piece of paper in the possession of that or another third party, …

The Idolatry Of Rules: Writing Law According To Moses, With Reference To Other Jurisprudences, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder

Cardozo Law Review

No abstract provided.

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.

Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand

Cardozo Law Review

No abstract provided.

Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber

Cardozo Law Review

No abstract provided.

Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman

Cardozo Law Review

No abstract provided.

Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman

Cardozo Law Review

No abstract provided.

Righting Rights, Lawrence G. Sager

Cardozo Law Review

No abstract provided.

The Securities Law Enforcement Remedies Act Of 1989: Disenfranchising Shareholders In Order To Protect Them, Jayne W. Barnard

Faculty Publications

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Balancing The Benefits And Detriments Of Private Antitrust Enforcement: Detrebling, Antitrust Injury, Standing, And Other Proposed Solutions, David Klingsberg

Cardozo Law Review

No abstract provided.

Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

When Owners Should Pay For Construction Delay: Corinno Civetta Construction Corp. And The No-Damage-For-Delay Clause, Marc Handelman

Cardozo Law Review

No abstract provided.

Property Law - A Fresh Look At Contractual Tenant Remedies Under The North Carolina Residential Rental Agreements Act - Miller V. C.W. Myers Trading Post, Inc., Johnny Foster

Campbell Law Review

This note will examine some of the other contractual remedies that the North Carolina courts could make available to tenants for breach of the implied warranty of habitability. The Miller case suggests that the courts would hold that some of these remedies are available under the Act but that others are not. This note will address the issues of why some of these remedies should or should not be available under Miller and the Act. Since the North Carolina courts seem to be willing to consider other remedies under the Act, lawyers who represent North Carolina tenants should familiarize themselves …

Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman

Cardozo Law Review

No abstract provided.

The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress

Seattle University Law Review

Coast to Coast Stores, Inc. v. Gruschus was the first Washington case to deal with the potential conflict between the Uniform Commercial Code (U.C.C.) and the Franchise Investment Protection Act (FIPA), arising when a franchisor repossesses goods after a franchisee defaults under a security agreement. The Washington Supreme Court avoided the conflict, however, by holding that because the franchisor never terminated the franchise, the FIPA protections were not triggered. The U.C.C. remedies therefore applied: the franchisor could collect the proceeds of a liquidation sale of the secured goods-in this case the franchisee's inventory and supplies-in reduction of the franchisee's indebtedness; …

Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman

Cardozo Law Review

No abstract provided.

Unlimitation Of Liability: Vessel Owners And The Bareboat Charter After Baker V. Raymond International, Inc., Victoria M. Bald

Cardozo Law Review

No abstract provided.

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.

Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law

Washington and Lee Law Review

No abstract provided.

Kentucky Law Survey: Remedies, Judith K. Jones

Kentucky Law Journal

No abstract provided.

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.