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Articles 2131 - 2160 of 2821

Full-Text Articles in Legal Remedies

Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram Jan 1991

Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram

UIC Law Review

No abstract provided.


The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr. Jan 1991

The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr.

UIC Law Review

No abstract provided.


Law And Equity In Contract Enforcement, Emily Sherwin Jan 1991

Law And Equity In Contract Enforcement, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready Jan 1991

Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready

University of Richmond Law Review

This Note traces the history and development of actions for prenatal wrongful death. It emphasizes the state of the law in Virginia and examines the rationale of various jurisdictions where courts have chosen to draw a line for imposing liability. After discussing the role of wrongful death statutes, this Note concludes with an analysis of the trends in the law and a prediction of the direction the law will take in the future.


A Normative Theory Of Public Law Remedies, Susan Sturm Jan 1991

A Normative Theory Of Public Law Remedies, Susan Sturm

Faculty Scholarship

The remedial process in public law litigation is a practice in search of a theory. Courts are actively engaged in attempting to remedy violations of constitutional and statutory norms in complex organizational settings. The traditional adversary conception of adjudication has proven inadequate to the task of structuring remedies and promoting compliance in these settings. In response, lawyers, judges, and litigants are employing a variety of innovative roles and processes that do not conform to the accepted adjudicative ideal. Remedial activity in public law litigation frequently entails negotiation, informal dialogue, ex parte communication, broad participation by actors who are not formally …


The Right Of Publicity: Star Vehicle Or Shooting Star?, Barbara Singer Jan 1991

The Right Of Publicity: Star Vehicle Or Shooting Star?, Barbara Singer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud Jan 1991

Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud

Articles

A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

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 Dec 1990

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, …


"Keep The Change!": A Critique Of The No Actual Injury Defense To Liquidated Damages—Lind Building Corp. V. Pacific Bellevue Developments, 55 Wash. App. 70, 776 P.2d 977 (Div. 1), Review Denied, 113 Wash. 2d 1021, 781 P.2d 1322 (1989), James Arthur Weisfield Oct 1990

"Keep The Change!": A Critique Of The No Actual Injury Defense To Liquidated Damages—Lind Building Corp. V. Pacific Bellevue Developments, 55 Wash. App. 70, 776 P.2d 977 (Div. 1), Review Denied, 113 Wash. 2d 1021, 781 P.2d 1322 (1989), James Arthur Weisfield

Washington Law Review

Most courts judge the enforceability of liquidated damages clauses as of the time of contract formation. In Lind Building Corp. v. Pacific Bellevue Development, the court created a "no actual injury" defense to enforcement of liquidated damages clauses by assessing validity as of the time of trial. This Note concludes that a "no actual injury" defense to liquidated damages recovery negates the benefits of agreed remedies, fails to provide a principled policy for enforcement, and produces inequitable results.


The Idolatry Of Rules: Writing Law According To Moses, With Reference To Other Jurisprudences, Arthur J. Jacobson Jul 1990

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 May 1990

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 Feb 1990

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.


Coordinated Transnational Interaction In Civil Litigation And Arbitration, Peter F. Schlosser Jan 1990

Coordinated Transnational Interaction In Civil Litigation And Arbitration, Peter F. Schlosser

Michigan Journal of International Law

About fifteen years ago, an English shipowner chartered his vessel, the Mareva, to time charterers. After a while, the charterers discontinued payment on the charter and the shipowner instituted court proceedings against them. The plaintiff, concerned about the ability and willingness of the defendants to satisfy an expected judgment, simultaneously applied for a preliminary injunction restraining the defendants from disposing of a subcharter which had been paid into their London bank account. The injunction was granted. Since then, injunctions of this kind have been denominated "Mareva injunctions," although it was the second, rather than the first, case where such an …


Book Review, Richard B. Collins Jan 1990

Book Review, Richard B. Collins

Publications

No abstract provided.


A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien Jan 1990

A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien

Faculty Works

No abstract provided.


The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson Jan 1990

The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson

Scholarly Works

This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …


Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand Dec 1989

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 Aug 1989

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 Aug 1989

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.


Decreasing The Risks Inherent In Claims For Increased Risk Of Future Disease, David P. C. Ashton May 1989

Decreasing The Risks Inherent In Claims For Increased Risk Of Future Disease, David P. C. Ashton

University of Miami Law Review

No abstract provided.


Hegel And Modern Contract Theory: A Comment On Benson And Rosenfeld, Jay M. Feinman Mar 1989

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 Mar 1989

Righting Rights, Lawrence G. Sager

Cardozo Law Review

No abstract provided.


Punitive Damages: A Cat's Clavicle In Modern Civil Law, 22 J. Marshall L. Rev. 657 (1989), Kurt M. Zitzer Jan 1989

Punitive Damages: A Cat's Clavicle In Modern Civil Law, 22 J. Marshall L. Rev. 657 (1989), Kurt M. Zitzer

UIC Law Review

No abstract provided.


The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse Jan 1989

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …


Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey Jan 1989

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

UIC Law Review

No abstract provided.


Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr. Jan 1989

Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr.

UIC Law Review

No abstract provided.


Joint Ventures And The Law Of International Claims, Richard B. Lillich Jan 1989

Joint Ventures And The Law Of International Claims, Richard B. Lillich

Michigan Journal of International Law

Joint ventures are one of the most remarkable post-World War II international business developments. Although the late Professor Friedmann noted in 1971 that they were becoming "the most important form of foreign investment in the developing countries of Africa, Asia and Latin America," "only within the last two decades has the joint capital venture received more than scant attention." Now, whether one is interested in establishing a "minority joint venture," in which the foreign investor holds less than fifty percent of the equity in the joint enterprise and the host country the majority interest, or a "multipartite joint venture," in …


Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin Jan 1989

Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin

University of Michigan Journal of Law Reform

This Note argues that adapting the criminal sentencing guidelines systems in use in several states to the personal injury context would provide appropriate standards for measuring pain and suffering damages. Part I explores why present methods for measuring pain and suffering are objectionable. A description of the proposed method for developing guidelines is provided in Part II. Part II explores the use of guidelines in criminal sentencing and the analogy between sentencing decisions and assessment of damages for nonpecuniary loss. Part II also describes how to develop and implement guidelines for assessing pain and suffering damages. Part III examines why …


Constructive Trusts In Bankruptcy, Emily Sherwin Jan 1989

Constructive Trusts In Bankruptcy, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.