Legal Remedies Commons^™

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …

Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley

University of Michigan Journal of Law Reform

Occupational safety would be greatly enhanced if employees had a viable option of refusing to work under unsafe conditions without risking their jobs. This Note proposes a public policy exception to the employment-at-will doctrine that would give a cause of action to an employee discharged for refusing to work under unsafe conditions. Part I examines the employment-at-will rule and its recognized exceptions. Part II analyzes the inadequacies of existing statutory remedies for a discharged employee who refused to work under unsafe conditions. Finally, Part III proposes an alternative remedy: providing a common-law exception to the employment-at-will rule that will give …

Institutional Injunctions, David Rudenstine

Cardozo Law Review

No abstract provided.

Private Injunctive Relief Against Labor Union Violence, Thomas R. Haggard

Kentucky Law Journal

No abstract provided.

Preface, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Section 14(E) Of The Williams Act And The Rule 10b-5 Comparisons, Mark J. Loewenstein

Publications

The passage of the Williams Act in 1968 added a set of provisions to the Securities Exchange Act of 1934 to govern tender offers. In this article, Professor Loewenstein examines the antifraud provision of the Williams Act, codified as section 14(e) of the Securities Exchange Act of 1934, and the development of decisional law under it. After discussing the propriety of inferring a private cause of action from section 14(e), Professor Loewenstein argues that the judiciary's reliance on rule 10b-5 precedents to set the bounds of the 14(e) cause of action is unwarranted. He concludes: 1) that scienter should not …

A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows

University of Richmond Law Review

The decade of the 1970's saw an increase of crisis proportions in the number of medical malpractice claims, and this crisis has lingered into the 1980's. Furthermore, lawyers, architects, engineers, accountants, and other professionals are becoming increasingly aware that malpractice litigation has not been limited to attacks on health care practitioners.

Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman

Cleveland State Law Review

Despite their importance, the discussion of remedies for state hospital drugging has been largely ad hoc and uninformed. This study attempts to fill that gap. It explores four such remedies, attempting to identify the vision of the drug problem that underlies each one; to evaluate that vision and its plausibility; and to determine what the actual effects of imposing the remedy would be. Part I distinguishes between two approaches to remedy-"structural" and "atomistic"-and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. Part II explores a family of atomistic remedies. …

Book Review. How Consumer Remedies Fail, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Civil Rights - Title Vi - The Exhaustion Of Administrative Remedies Is Not A Prerequisite To A Private Right Of Action Under Title Vi, Carolyn J. Warter

Villanova Law Review (1956 - )

No abstract provided.

Perpetuation Of Past Discrimination, Eric Schnapper

Articles

Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.

Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review

Michigan Law Review

This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.

Piercing The Corporate Veil—The Undercapitalization Factor, Harvey Gelb

Chicago-Kent Law Review

No abstract provided.

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …

Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love

Scholarly Works

Because the current remedial scheme represents a blend of property and contract Law, an adequate assessment requires delving into the property framework that existed before its revamping by contract. In part II, therefore, the focus will be on the remedial options traditionally associated with property law.... Part III will examine the significant contract doctrines in this area of the law -- breach by anticipatory repudiation and the avoidable consequences rule. An important concern is whether the contract and property rules have been or can be melded together in an overall remedial scheme that is conceptually understandable and practically consistent in …

Awarding Attorneys' Fees To Prevailing Pro Se Litigants, Michigan Law Review

Michigan Law Review

This Note examines- the propriety of awarding attorneys' fees to prevailing pro se litigants in the federal courts. It focuses on the four major statutes under which almost all pro se cases have been filed: the Freedom of Information Act of 1974 (FOIA), the Privacy Act of 1974 (Privacy Act), the Civil Rights Attorney's Fees Awards Act of 1976 (CRAFAA), and the Truth in Lending Act (TILA). In so doing, it will attempt to devise common principles that can be applied to most requests for pro se attorneys' fees. Part I looks first to the statutes' language and legislative histories …

42 U.S.C. § 1983 - Exhaustion Of State Administrative Remedies, Joseph H. Chivers

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that state administrative remedies, where adequate and appropriate, must be exhausted before proceeding with a section 1983 action in a federal court.

Patsy v. Florida International University, 612 F.2d 946 (5th Cir. 1980), vacated on rehearing, 634 F.2d 900 (5th Cir. 1981), cert. granted, 50 U.S.L.W. 3213 (U.S. Oct. 5, 1981) (No. 80-1874).

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly

UIC Law Review

No abstract provided.

The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady

UIC Law Review

No abstract provided.

The Wandering Labor Exemption Under Antitrust Law, 15 J. Marshall L. Rev. 591 (1982), Joseph M. Jacobs

UIC Law Review

No abstract provided.

Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith

Seattle University Law Review

This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct …

Torts - Damages - Procedure Of Discounting Damage Awards To Present Value Abandoned Under Federal Law In Order To Account For The Effect Of Future Inflation, Tracy M. Blake

Villanova Law Review (1956 - )

No abstract provided.

The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper has, then, two major themes. In the first part I hope to elucidate the relationship of political, legal, and social status associated with land ownership to the unique legal remedies - specific performance and non-recovery of damages - which society created in respect to exchanges of land (and thus exchanges of status) for money. In the conclusion I examine the transformation of legal rules applied to agreements in which labour is exchanged for money. If, in fact, property rules in contract evolved in response to the political, legal, and social attributes of land ownership, then one may be …

The Writ Of Prohibition In Arkansas, William Murray Tabb

Faculty Articles

No abstract provided.

Corporate Governance And The Shareholders' Derivative Action: Rules And Remedies For Implementing The Monitoring Model, Bruce Dickstein

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein

Publications

No abstract provided.

Prohibition: The Elusive And Misunderstood Writ, David W. Clarke

University of Richmond Law Review

To many legal practitioners the writ of prohibition remains an enigma. Seldom used and even less often understood, this extraordinary remedy at law has long been recognized in Virginia as a tool with which to restrain an offending court from unwarranted conduct. Used properly, the writ will encourage the due and regular administration of justice by confining each tribunal to the exercise of those powers with which it has been entrusted under the constitution and laws of the state. The writ has been defined by the Virginia Supreme Court as "a proceeding between two courts-a superior and an inferior-and is …

Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul

Seattle University Law Review

This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.