Legal Remedies Commons^™

Administrative Equity: An Analysis Of Exceptions To Administrative Rules, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Conjurer's Circle--The Fifth Amendment Privilege In Civil Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

Refunding Overcharges Under The Emergency Petroleum Allocation Act: The Evolution Of A Compensatory Obligation, Michigan Law Review

Michigan Law Review

The DOE's authority to order noncompensatory remedies has been seriously questioned. This Note will evaluate the propriety of such remedies in light of the history of petroleum price control enforcement. Although the DOE's enabling legislation does not explicitly impose a compensatory obligation, the Note finds that Congress anticipated that remedies would compensate, to the extent feasible, those persons actually overcharged. Part I traces the development of a compensatory obligation through the various stages of price regulation. Part II criticizes the DOE for abnegating that obligation. The Note concludes that the Department's recent consent orders violate both its own rules and …

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug Rendleman

Scholarly Articles

Not available.

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.

Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner

Washington Law Review

This note will begin by examining the legal theories involved in merging the concepts of comparative negligence and strict products liability. The social policies that are behind the merger will then be discussed. The note concludes with a review of the proposal now before the Washington legislature which would effect the merger and change the result in Seay.

Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner

Washington Law Review

This note will begin by examining the legal theories involved in merging the concepts of comparative negligence and strict products liability. The social policies that are behind the merger will then be discussed. The note concludes with a review of the proposal now before the Washington legislature which would effect the merger and change the result in Seay.

Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys

Faculty Articles

Surveillance and intelligence activities by private companies and individuals are not new to the United States; the nuclear power industry's resort to such activities poses new civil liberties and social problems. The extreme danger embodied in nuclear facilities and materials and the fear of "nuclear terrorism" provide the most plausible justification in our history for the wholesale destruction of civil liberties. Ostensibly responding to these dangers, corporate and government agencies have conducted surveillance of and gathered intelligence about opponents of nuclear power. As in the past, the targets of these activities are not terrorists but citizens who nonviolently oppose corporate …

Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt

Cardozo Law Review

No abstract provided.

Third Party Remedy Of Insured's Loss Constitutes Defense In Mitigation Of The Loss In Suit By Insured Against Insurer., Mark B. Taylor

St. Mary's Law Journal

Abstract Forthcoming.

Restitution And Reform, Dale A. Oesterle

Michigan Law Review

A Review of Restitution and Reform by George E. Palmer

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner

University of Michigan Journal of Law Reform

This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …

Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster

University of Michigan Journal of Law Reform

This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …

Narrowing The "Routine Use" Exemption To The Privacy Act Of 1974, John W. Finger

University of Michigan Journal of Law Reform

This article suggests a balancing test to determine which routine uses of information legitimately fall within the Privacy Act. Part I briefly examines the background of the Act, concentrating on the legislative history of the routine use exemption, and examining problems the exemption presents. Part II then proposes a balancing test, based on notice and need for data, as a means of ascertaining proper routine uses.

Union Held Liable In Contribution To Employer For Title Vii Violations: Glus V. G.C. Murphy Co., J. David Gowdy

BYU Law Review

No abstract provided.

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Introduction Lawyer's Forum - Settlements - New Perspectives - Introduction., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Election Of Remedies And Settlement - New Lyrics To An Outworn Tune Lawyer's Forum - Settlements - New Perspectives., Les Mendelsohn

St. Mary's Law Journal

Abstract Forthcoming.

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.

Contribution Among Antitrust Violators: A Question Of Legal Process, C. Douglas Floyd

BYU Law Review

No abstract provided.

Garnishment In Virginia, Charles J. Nabit

William & Mary Law Review

No abstract provided.

On Product "Design Defects" And Their Actionability, John W. Wade

Vanderbilt Law Review

This Article has tried to explain and discuss these developments, to evaluate them, to show their relationship to the general state of the law, and to make suggestions on how far they should affect its future development. At present, the question of "design defects" and the determination of when a product is actionable because of the nature of its design appears to be the most agitated and controversial question before the courts in the field of products liability. I hope that this Article can be of some help to the courts in seeking to develop the most suitable answer to …

Personal Injuries And The Texas Survival Statute: The Case For Recovery Of Damages For A Decedent's Lost Future Earnings., Karl L. Rubinstein

St. Mary's Law Journal

Abstract Forthcoming.

The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review

Michigan Law Review

A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell