Open Access. Powered by Scholars. Published by Universities.®

Legal Remedies Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1951 - 1980 of 2824

Full-Text Articles in Legal Remedies

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner Jan 1999

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner

UIC Law Review

No abstract provided.

Go to article

Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann Jan 1999

Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann

Seattle University Law Review

Is it fair that professional football players possess so much control in renegotiating contracts? Do the players in fact possess the control that we perceive them to have? Often, players do have most of the bargaining power, as in the case of college players being chosen in the draft. Once a team has chosen to pursue a draftee out of college, no other team has the right to interfere with that process. If that club fails to sign the player, the club wastes a valuable pick, and there is no remedy for such a failure. But after that introduction into …

Go to article

To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel Jan 1999

To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel

Michigan Journal of Race and Law

In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …

Go to article

The Constitutionality Of Taxing Compensatory Damages For Mental Distress When There Was No Accompanying Physical Injury, Douglas A. Kahn Jan 1999

The Constitutionality Of Taxing Compensatory Damages For Mental Distress When There Was No Accompanying Physical Injury, Douglas A. Kahn

Articles

Since 1919, statutory tax law has excluded from gross income compensatory damages received on account of a personal injury or sickness.1 The current version of that exclusion is set forth in section 104 (a) (2) of the Internal Revenue Code of 1986.2 The construction of that exclusion, both by the courts and by the Commissioner, underwent significant alterations over the 80-year period that the provision has existed.3 The statute itself was amended several times, most recently in 1996.4 It is the 1996 amendment that has raised a constitutional issue concerning the validity of a portion of the statute.5

Go to article

The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells Jan 1999

The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This article assesses the relation between compensatory damages and punitive damages in cases leading to published opinions and BMW v. Gore's impact on the patterns of punitive damages awards in these opinions. We find that punitive damages awards are considerably higher in cases leading to published opinions than in trial level cases. But the correlation between compensatory and punitive awards found in trial level data persists in published opinions and is all but indistinguishable from the correlation in trial level data. We find no significant difference in the pattern of awards before and after BMW and no significant difference …

Go to article

Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard Jan 1999

Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard

Articles

Fraud in the securities markets has been a focus of legislative reform in recent years. Corporations-especially those in the high-technology industry-have complained that they are being unfairly targeted by plaintiffs' lawyers in class action securities fraud lawsuits. The corporations' complaints led to the Private Securities Litigation Reform Act of 1995 ("Reform Act"). The Reform Act attempted to reduce meritless litigation against corporate issuers by erecting a series of procedural barriers to the filing of securities class actions. Plaintiffs' attorneys warned that the Reform Act and the resulting decrease in securities class actions would leave corporate fraud unchecked and deprive defrauded …

Go to article

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein Jan 1999

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein

Publications

In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the "benefit" obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be …

Go to article

The Distributive Foundation Of Corrective Justice, Hanoch Dagan Jan 1999

The Distributive Foundation Of Corrective Justice, Hanoch Dagan

Michigan Law Review

There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …

Go to article

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin Jan 1999

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Reviews

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …

Go to article

The Case For Punitive Damages In Contracts, William S. Dodge Jan 1999

The Case For Punitive Damages In Contracts, William S. Dodge

Faculty Scholarship

No abstract provided.

Go to article

Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer Jan 1999

Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer

Michigan Law Review

Uncertainty and delay in patent litigation may have unforeseen virtues. The combination of these oft-criticized characteristics might induce a limited amount of infringement that enhances social welfare without reducing (or without substantially reducing) the profitability of the patentee. Patent infringement is generally viewed as socially inefficient because infringement reduces the patentee's ex ante incentive to innovate. Limited amounts of infringement combined with increased patent duration, however, can substantially reduce the distortionary ex post effects of supracompetitive pricing without reducing the patentee's ex ante incentives to innovate. Indeed, this Article derives a legal regime that preserves the incentive to innovate by …

Go to article

Limiting Secret Settlements By Law, David Luban Jan 1999

Limiting Secret Settlements By Law, David Luban

Georgetown Law Faculty Publications and Other Works

I'm in the most embarrassing, impossible situation for a commentator- namely, agreeing fundamentally with what the principal speaker said. In fact, I wrote an article against secret settlements in the GEORGETOWN LAW JOURNAL in 1995. If Monroe Freedman were here, he would explain to us that progress in ideas comes from contention and the testing of hypotheses by marshalling the strongest arguments against them. Since he's not, I will nevertheless take that as my charge. Despite the fact that I agree with Richard on the ethical drawbacks of secret settlements, I'd like to begin by talking about what I think …

Go to article

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad Dec 1998

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad

University of Michigan Journal of Law Reform

Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by redistributing …

Go to article

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden Nov 1998

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Vanderbilt Law Review

It is surprising that there are cases like Boomer v. Atlantic Cement Co.I The plaintiffs in Boomer were eight homeowners seeking injunctive relief against the dust and noise produced by a neighboring cement plant, the Atlantic Cement Company. The trial court declared Atlantic Cement a nuisance, but refused to enjoin the plant's operations. Instead, the court awarded monetary damages to the plaintiffs for the loss in value to their property attributable to the defendant's activities. The dissatisfied plaintiffs appealed, but ultimately New York's highest court declared that they were not entitled to injunctive relief. That the plaintiffs sued the plant …

Go to article

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg Nov 1998

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …

Go to article

Why There Is No Defense Of Punitive Damages, W. Kip Viscusi Nov 1998

Why There Is No Defense Of Punitive Damages, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This paper is a response to the comments by David Luban and Theodore Eisenberg on my article on punitive damages to be published in the Georgetown Law Journal (1998) and entitled "The Social Costs of Punitive Damages against Corporations in Environmental and Safety Tort." Neither of these authors presents any evidence indicating that there is a determent effect of punitive damages. They suggest, however, that there could be retribution objectives or other rationales for punitive damages. In addition, they claim that punitive damages are predictable and that cognitive biases may not tilt juries against corporations. This paper reviews these diverse …

Go to article

What Juries Can't Do Well: The Jury's Performance As A Risk Manager, W. Kip Viscusi, Reid Hastie Oct 1998

What Juries Can't Do Well: The Jury's Performance As A Risk Manager, W. Kip Viscusi, Reid Hastie

Vanderbilt Law School Faculty Publications

Can juries handle complex cases? One way to frame this question in behavioral science terms is to ask: What tasks can juries perform well and what tasks will they perform poorly? Our basic precept is that the legal system should ask juries to perform tasks that they are good at performing and should not require juries to carry out tasks that they cannot perform well. A second guiding theme in our approach to the issue of jury competency is that the most relevant, most useful analyses of jury performance are based on empirical observations and data, not on rational analyses …

Go to article

Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells Sep 1998

Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells

Scholarly Works

Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source of answers to …

Go to article

Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda Mar 1998

Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda

Michigan Law Review

The case of the blameworthy-but-fortunate defendant has emerged as one of the most perplexing scenarios in mass tort litigation today. One need look no further than the front page of the newspaper to find examples of mass tort defendants said to have engaged in irresponsible conduct - even conduct that one might regard as morally outrageous in character - but that nonetheless advance eminently plausible contentions that they have not caused harm to others. This issue is not merely a matter for abstract speculation. A now-familiar mass tort scenario involves a defendant that markets a product without informing consumers about …

Go to article

Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard Mar 1998

Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard

Michigan Law Review

Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care. Even after the plaintiff has established the defendant's breach of duty, however, issues of causation and damages remain. These two issues are frequently vexing, both conceptually and in terms of evidentiary demonstration. For example, if a plaintiff proves that a defendant acted negligently, it still may be unclear whether the plaintiff would have been injured even ip the absence of the defendant's negligence. Similarly, in assessing damages, factfinders often :find it difficult to attach a monetary value to a plaintiff's nonpecuniary losses …

Go to article

Juries And Damages: A Commentary, Nancy S. Marder Feb 1998

Juries And Damages: A Commentary, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Go to article

Separation Of Powers And The Separate Treatment Of Contract Claims Against The Federal Government For Specific Performance, Richard Henry Seamon Jan 1998

Separation Of Powers And The Separate Treatment Of Contract Claims Against The Federal Government For Specific Performance, Richard Henry Seamon

Articles

No abstract provided.

Go to article

Full Faith And Credit And The Equity Conflict, Polly J. Price Jan 1998

Full Faith And Credit And The Equity Conflict, Polly J. Price

Faculty Articles

As this Article relates, the current problem with interstate en­forcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity con­flict" remain unresolved. Both the Court's opinion and the two con­currences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …

Go to article

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser Jan 1998

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser

LLM Theses and Essays

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either …

Go to article

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …

Go to article

Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells Jan 1998

Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

Capping punitive damages awards is a centerpiece of the tort reform movement. According to the American Tort Reform Association, as of June 30, 1996, forty-three states allowed punitive damages awards. Of these, twenty-nine states impose no caps on punitive damages and fourteen impose some form of cap. In states that cap punitive awards, the preferred method is to employ a simple multiple of the compensatory award. Eleven states rely on a multiple of the compensatory damages award. The most popular multiple is three times the compensatory award, but this is used by only five states. The capping multiples range from …

Go to article

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White Jan 1998

Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White

Articles

In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …

Go to article

King Instruments Corp. V. Perego: Should Lost Profits Be Awarded On Unpatented Products Where Patentee Sits On Its Patents?, Arun Chandra Jan 1998

King Instruments Corp. V. Perego: Should Lost Profits Be Awarded On Unpatented Products Where Patentee Sits On Its Patents?, Arun Chandra

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

The Manipulation Of Legal Remedies To Deter Suits By Survivors Of Childhood Sexual Abuse, Cynthia Grant Bowman Jan 1998

The Manipulation Of Legal Remedies To Deter Suits By Survivors Of Childhood Sexual Abuse, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Go to article

First Prev Next Last