Open Access. Powered by Scholars. Published by Universities.®

Legal Remedies Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2371 - 2400 of 2821

Full-Text Articles in Legal Remedies

Skinner V. Reed-Prentice: The Application Of Contribution To Strict Product Liability, 12 J. Marshall J. Prac. & Proc. 165 (1978), Susan H. Maynard Jan 1978

Skinner V. Reed-Prentice: The Application Of Contribution To Strict Product Liability, 12 J. Marshall J. Prac. & Proc. 165 (1978), Susan H. Maynard

UIC Law Review

No abstract provided.


Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen Jan 1978

Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen

West Virginia Law Review

No abstract provided.


Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco Jan 1978

Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco

UIC Law Review

No abstract provided.


A Perspective On The Michigan Law Of Damages, John W. Reed Jan 1978

A Perspective On The Michigan Law Of Damages, John W. Reed

Book Chapters

So also the subject of damages. There are some general principles, but damages is not a coherent body of law. It is small wonder that no one is writing books about it and that law schools do not provide courses in it. The standard, most widely cited text is McCormick on Damages, yet that book was published in 1935. There is no more recent book of consequence bearing that title. Professor Dan Dobbs's 1973 volume entitled Remedies contains, as one part of the book, an excellent analysis of recent damages developments; but McCormick continues to be the benchmark. As a …


Judicial Immunity And Sovereignty, Robert F. Nagel Jan 1978

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.


Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane Jan 1978

Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett Oct 1977

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.


Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck Sep 1977

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.


Compulsory Licensing Of A Trademark, Vincent N. Palladino Jul 1977

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.


Binding Interest Arbitration In The Public Sector: Is It Constitutional? May 1977

Binding Interest Arbitration In The Public Sector: Is It Constitutional?

William & Mary Law Review

No abstract provided.


Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case Apr 1977

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.


Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner Apr 1977

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.


A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag Jan 1977

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag

Publications

No abstract provided.


Parks V. Mr. Ford And The Development Of A Rational Approach To Resolving Inconsistencies In Results Of Due Process Attacks On Creditors' Remedies, David A. Scholl Jan 1977

Parks V. Mr. Ford And The Development Of A Rational Approach To Resolving Inconsistencies In Results Of Due Process Attacks On Creditors' Remedies, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.


The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan Jan 1977

The Future Of Civil Monetary Penalties: Two Federal Safety Statutes Compared, William Hugh O'Riordan

West Virginia Law Review

No abstract provided.


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser Jan 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Relativity Of Injury, Jethro K. Lieberman Jan 1977

The Relativity Of Injury, Jethro K. Lieberman

Articles & Chapters

No abstract provided.


Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review Nov 1976

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …


Recent Cases, Theodore Brown, Jr., Janet R. Necessary Nov 1976

Recent Cases, Theodore Brown, Jr., Janet R. Necessary

Vanderbilt Law Review

Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are …


Rogers V. Exxon Research & Engineering Co.: Validity Of Pain And Suffering Damages Award Under The Age Discrimination In Employment Act Of 1967, Catherine G. Novack Oct 1976

Rogers V. Exxon Research & Engineering Co.: Validity Of Pain And Suffering Damages Award Under The Age Discrimination In Employment Act Of 1967, Catherine G. Novack

Buffalo Law Review

No abstract provided.


De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg Oct 1976

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.


Securities Law—Damages For Violation Of Section 14(E) Of The Securities Exchange Act Of 1934: Chris-Craft Industries, Inc. V. Piper Aircraft Corporation, Mary Christine Carty Oct 1976

Securities Law—Damages For Violation Of Section 14(E) Of The Securities Exchange Act Of 1934: Chris-Craft Industries, Inc. V. Piper Aircraft Corporation, Mary Christine Carty

Buffalo Law Review

No abstract provided.


Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman Jul 1976

Keeping The Deal Together After Material Breach--Common Law Mitigation Rules, The Ucc, And The Restatement (Second) Of Contracts, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Punitive Damages In Products Liability Litigation, David G. Owen Jun 1976

Punitive Damages In Products Liability Litigation, David G. Owen

Michigan Law Review

This article will first explore the doctrine of punitive damages and its compatibility with the theories of products liability. The functions of punitive damages and their applicability in the products liability context will then be examined, with particular consideration given to the three complicating factors raised by Judge Friendly in Roginsky. In the following section attention will focus on the various contexts in which manufacturer misconduct has arisen in the reported decisions and a number of unreported cases that have involved this issue. Finally, guidelines will be developed from these cases for determining the appropriateness of punitive damages awards …


Body Attachment And Body Execution: Forgotten But Not Gone Mar 1976

Body Attachment And Body Execution: Forgotten But Not Gone

William & Mary Law Review

No abstract provided.


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.


Judicial Relief In Exclusionary Zoning Cases: Pennsylvania's Definitive Relief Approach, Jerome C. Murray Jan 1976

Judicial Relief In Exclusionary Zoning Cases: Pennsylvania's Definitive Relief Approach, Jerome C. Murray

Villanova Law Review (1956 - )

No abstract provided.


Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney Jan 1976

Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney

Villanova Law Review (1956 - )

No abstract provided.


Kentucky Law Survey: Remedies: Contribution And Apportionment Among "Joint Tortfeasors", Kenneth B. Germain Jan 1976

Kentucky Law Survey: Remedies: Contribution And Apportionment Among "Joint Tortfeasors", Kenneth B. Germain

Kentucky Law Journal

No abstract provided.