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 2221 - 2250 of 2821
Full-Text Articles in Legal Remedies
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Seattle University Law Review
A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …
Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian
Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian
Michigan Law Review
This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams
Faculty Publications
When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …
Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law
Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law
Washington and Lee Law Review
No abstract provided.
Heartbalm Statutes And Deceit Actions, Michigan Law Review
Heartbalm Statutes And Deceit Actions, Michigan Law Review
Michigan Law Review
This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …
Confronting The Fictions Of The Eleventh Amendment: Pennhurst State School And Hospital V. Halderman, 104 S. Ct. 900 (1984), Camille Gearhart
Confronting The Fictions Of The Eleventh Amendment: Pennhurst State School And Hospital V. Halderman, 104 S. Ct. 900 (1984), Camille Gearhart
Washington Law Review
This Note encourages lower federal courts to abandon the fictions of Ex Parte Young completely. The Note begins by exploring the history of the fictions of eleventh amendment doctrine. The Note then examines the Pennhurst Court's step forward in scorning these fictions and acknowledging that suits against state officers implicate state sovereignty. The Note next discusses the dilemma created by the Court's ruling that the eleventh amendment constitutionally prohibits federal judicial infringement of state sovereignty while at the same time acknowledging that the doctrine of Ex Parte Young allows such judicial infringement. Finally, the Note proposes that federal courts rely …
The Legal Recognition Of Medical Malpractice Tort Claims Based Upon Theories Of Wrongful Birth And Wrongful Life, Kevin L. Mayo
The Legal Recognition Of Medical Malpractice Tort Claims Based Upon Theories Of Wrongful Birth And Wrongful Life, Kevin L. Mayo
North Carolina Central Law Review
No abstract provided.
Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman
Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman
UIC Law Review
No abstract provided.
Kentucky Law Survey: Remedies, Judith K. Jones
Kentucky Law Survey: Remedies, Judith K. Jones
Kentucky Law Journal
No abstract provided.
Divisibility Of Advanced Degrees In Equitable Distribution States, 19 J. Marshall L. Rev. 1 (1985), Buddy O.H. Herring
Divisibility Of Advanced Degrees In Equitable Distribution States, 19 J. Marshall L. Rev. 1 (1985), Buddy O.H. Herring
UIC Law Review
No abstract provided.
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Publications
No abstract provided.
Tender Offer Litigation And State Law, Mark J. Loewenstein
Tender Offer Litigation And State Law, Mark J. Loewenstein
Publications
The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …
Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth
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.
Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson
Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson
Articles
The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.
Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack
Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack
Cardozo Law Review
No abstract provided.
The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen
The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen
Michigan Law Review
The purpose of this essay is to begin the development of an integrated theory of contract remedies by delineating the circumstances under which courts should simply enforce a stipulated remedy clause or grant relief to the innocent party in the form of damages or specific performance. The conclusion, in brief, is that in the absence of stipulated remedies in the contract that survive scrutiny on the usual formation defenses, specific performance is more likely than any form of money damages to achieve efficiency in the exchange and breach of reciprocal promises. If specific performance is the routine remedy for breach, …
Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle
BYU Law Review
No abstract provided.
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Michigan Law Review
In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …
Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.
Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.
Vanderbilt Law Review
The doctrine of punitive damages truly is an ancient legal concept that inexplicably has evaded commitment to the archives of history. Irrespective of the questionable validity of the doctrine at early common law, the simple fact remains that none of the historical justifications supports the punitive damage theory in today's tort reparations system. The quest to bestow increasing compensation no longer can justify punitive damage awards because actual damages currently recoverable compensate plaintiffs more than adequately for every conceivable element of physical, emotional, or imagined injury. The desire to inflict punishment, likewise, represents an insupportable basis for awarding quasi-criminal fines …
Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot
Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot
Washington and Lee Law Review
No abstract provided.
Where The Money Is: Remedies To Finance Compliance With Strict Structural Injunctions, James M. Hirschhorn
Where The Money Is: Remedies To Finance Compliance With Strict Structural Injunctions, James M. Hirschhorn
Michigan Law Review
This Article examines the formal powers that are available to the federal courts to meet this situation. Part I places the problem in perspective, describing the party structure of the institutional reform decree, the :financial burdens it places on the government defendants, and the relationship of these defendants to the fiscal authorities. Part II surveys the coercive powers historically available to the federal courts sitting in equity. Part III discusses the use of these devices against government defendants who claim financial impossibility. It emphasizes the limited recognition of impossibility, the power to compel the defendants to use available resources efficiently …
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note explores the possible interpretations of the "cost of suit" provision and the policies which it implicates. It concludes that the Copper Liquor interpretation best advances the goals of the antitrust laws set forth by Congress and the courts. Part I examines the development of the present controversy among the circuits. Part II analyzes and refutes the arguments which have been set forth in support of the traditional rule. Part III explores the policy considerations which underlie private treble damage actions and concludes that the Copper Liquor interpretation of the "cost of suit" provision serves them better than does …
Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs
Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs
Michigan Law Review
This paper examines whether and to what extent private civil remedies are, as a matter of law, and ought to be, as a matter of policy, available in the courts of the EEC Member States for breach of the antitrust provisions of the Treaty establishing the European Economic Community (the Treaty of Rome). These questions are addressed in Part I. Part II sets the issues in the broader context of the enforcement of the Treaty obligations of Member States. In this way, it is hoped to elucidate the relationship between national law and Community law, and also indirectly to illuminate …
Limited Relief For Federal Employees Hypersensitive To Tobacco Smoke: Federal Employers Who'd Rather Fight May Have To Switch, Carolyn Cliff
Limited Relief For Federal Employees Hypersensitive To Tobacco Smoke: Federal Employers Who'd Rather Fight May Have To Switch, Carolyn Cliff
Washington Law Review
Despite legislative and judicial efforts to control tobacco smoking in public places, smoking in the workplace continues to cause problems. This Comment analyzes two recent decisions that addressed claims for relief by federal government employees who suffer severe reactions to tobacco smoke: Parodi v. Merit Systems Protection Board, and Vickers v. Veterans Administration. The claims were brought under statutory schemes designed to meet the employment needs of the physically or mentally disadvantaged. The relief granted or considered in each decision gave the hypersensitive nonsmoker only a partial victory. In addition, the Vickers and Parodi decisions offer no assistance to nonsmokers …
Book Note Of Suing Government: Citizen Remedies For Official Wrongs, Theodore Eisenberg
Book Note Of Suing Government: Citizen Remedies For Official Wrongs, Theodore Eisenberg
Journal of Legal Education
No abstract provided.
Res Judicata And Multi-State Integration, Lea Brilmayer
Res Judicata And Multi-State Integration, Lea Brilmayer
Michigan Law Review
A Review of Civil Judgment Recognition and the Integration of Multiple-State Associations: Central America, the United States of America, and the European Economic Community by Robert C. Casad
Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan
Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan
UIC Law Review
No abstract provided.
Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram
Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram
UIC Law Review
No abstract provided.
Third Party Liability For Drunken Driving: When One For The Road Becomes One For The Courts, Julius F. Lang Jr., John J. Mcgrath
Third Party Liability For Drunken Driving: When One For The Road Becomes One For The Courts, Julius F. Lang Jr., John J. Mcgrath
Villanova Law Review (1956 - )
No abstract provided.
Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy
Negligent Performance Of Service Contracts And The Economic Loss Doctrine, 17 J. Marshall L. Rev. 249 (1984), Timothy L. Bertschy
UIC Law Review
No abstract provided.