Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (720)
- Law and Society (626)
- Courts (572)
- Constitutional Law (561)
- Litigation (528)
-
- Legislation (511)
- Civil Rights and Discrimination (510)
- State and Local Government Law (482)
- Criminal Law (453)
- Contracts (433)
- Civil Procedure (402)
- Legal History (401)
- Legal Ethics and Professional Responsibility (376)
- Jurisprudence (369)
- Law and Economics (368)
- Criminal Procedure (364)
- Civil Law (362)
- Legal Profession (361)
- Property Law and Real Estate (357)
- International Law (349)
- Supreme Court of the United States (349)
- Jurisdiction (346)
- Labor and Employment Law (341)
- Dispute Resolution and Arbitration (339)
- Law and Politics (339)
- Human Rights Law (333)
- Administrative Law (332)
- Intellectual Property Law (329)
- Institution
-
- University of Michigan Law School (463)
- Seattle University School of Law (258)
- St. Mary's University (219)
- Yeshiva University, Cardozo School of Law (207)
- New York Law School (122)
-
- Pepperdine University (111)
- Washington and Lee University School of Law (108)
- Brooklyn Law School (66)
- University of Colorado Law School (57)
- University of Georgia School of Law (51)
- Villanova University Charles Widger School of Law (50)
- UIC School of Law (49)
- Cleveland State University (47)
- Cornell University Law School (47)
- American University Washington College of Law (44)
- Vanderbilt University Law School (43)
- William & Mary Law School (39)
- Maurer School of Law: Indiana University (33)
- Roger Williams University (32)
- University of Richmond (32)
- BLR (31)
- University of Washington School of Law (29)
- Northwestern Pritzker School of Law (28)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (23)
- Columbia Law School (22)
- University at Buffalo School of Law (22)
- Chicago-Kent College of Law (21)
- Fordham Law School (21)
- Brigham Young University Law School (19)
- University of Kentucky (19)
- Keyword
-
- Remedies (297)
- Damages (208)
- Liability (95)
- Restitution (78)
- Compensation (75)
-
- Punitive damages (70)
- Negligence (60)
- Injuries (59)
- Torts (59)
- United States Supreme Court (46)
- Contracts (45)
- Equity (44)
- Constitutional Law (42)
- Injunctions (40)
- Law reform (39)
- Discrimination (36)
- Litigation (36)
- Regulation (35)
- Supreme Court (34)
- Texas (33)
- Arbitration (32)
- Due process (32)
- Jurisdiction (32)
- Recovery (32)
- First Amendment (31)
- Constitutional law (30)
- Courts (30)
- Immigration (30)
- Jurisprudence (29)
- Fraud (28)
- Publication Year
- Publication
-
- Michigan Law Review (268)
- Seattle University Law Review (227)
- Articles (143)
- NYLS Law Review (120)
- St. Mary's Law Journal (97)
-
- Faculty Scholarship (93)
- Washington and Lee Law Review (75)
- Pepperdine Law Review (73)
- St. Mary's Journal on Legal Malpractice & Ethics (64)
- University of Michigan Journal of Law Reform (63)
- The Scholar: St. Mary's Law Review on Race and Social Justice (57)
- UIC Law Review (43)
- Cardozo Law Review (42)
- Cleveland State Law Review (41)
- Cornell Law Faculty Publications (41)
- Publications (39)
- Villanova Law Review (1956 - ) (33)
- Pepperdine Dispute Resolution Law Journal (32)
- Cardozo Arts & Entertainment Law Journal (28)
- ExpressO (28)
- Faculty Publications (27)
- Seattle Journal for Social Justice (27)
- Scholarly Articles (25)
- Scholarly Works (24)
- Washington Law Review (24)
- Law Faculty Scholarship (22)
- Vanderbilt Law Review (22)
- Cardozo Journal of Conflict Resolution (20)
- University of Richmond Law Review (20)
- William & Mary Law Review (20)
- Publication Type
- File Type
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
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
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
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
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
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
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
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
Punitive Damages: A Cat's Clavicle In Modern Civil Law, 22 J. Marshall L. Rev. 657 (1989), Kurt M. Zitzer
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
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
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.
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
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
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
Constructive Trusts In Bankruptcy, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.