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Articles 2401 - 2430 of 2821
Full-Text Articles in Legal Remedies
Remittitur Practice In The Federal Courts, Irene D. Johnson
Remittitur Practice In The Federal Courts, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
The first section of this Note examines and evaluates the mechanics of remittitur procedure in the federal courts. The second section focuses on the major unresolved issue of remittitur procedure: whether a plaintiff who elects to remit is entitled to appellate review of the remittitur order. The final section of the Note evaluate remitting-plaintiff appeal procedures and suggest some ways in which federal remittitur procedure might be made more efficient and more responsive to policy objectives.
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Faculty Publications
No abstract provided.
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Debtor's And Creditor's Rights--Attachment And Garnishment--Constitutional Parameters Of Prejudgment Remedies, Michael Frank Pezzulli
Debtor's And Creditor's Rights--Attachment And Garnishment--Constitutional Parameters Of Prejudgment Remedies, Michael Frank Pezzulli
West Virginia Law Review
No abstract provided.
Specific Performance For The Seller Of Real Estate - A North Carolina Remedy, Michael F. Easley
Specific Performance For The Seller Of Real Estate - A North Carolina Remedy, Michael F. Easley
North Carolina Central Law Review
No abstract provided.
Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers
Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers
West Virginia Law Review
No abstract provided.
The New Due Process: Rights And Remedies, Doug Rendleman
The New Due Process: Rights And Remedies, Doug Rendleman
Scholarly Articles
None available
Menard V. Saxbe: Real Or Imagined Remedy, Mary C. Tolton
Menard V. Saxbe: Real Or Imagined Remedy, Mary C. Tolton
North Carolina Central Law Review
No abstract provided.
Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray
Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray
West Virginia Law Review
No abstract provided.
Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger
Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger
Villanova Law Review (1956 - )
No abstract provided.
Utilizing Rule 10b-5 For Remedying Squeeze-Outs Or Oppression Of Minority Shareholders, F. Hodge O'Neal, Ronald R. Janke
Utilizing Rule 10b-5 For Remedying Squeeze-Outs Or Oppression Of Minority Shareholders, F. Hodge O'Neal, Ronald R. Janke
Faculty Scholarship
No abstract provided.
Kentucky Law Survey: Remedies, Kenneth B. Germain
Kentucky Law Survey: Remedies, Kenneth B. Germain
Kentucky Law Journal
No abstract provided.
A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen
A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen
Buffalo Law Review
No abstract provided.
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
Buffalo Law Review
No abstract provided.
Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis
Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis
Publications
No abstract provided.
Liability For Misleading Statements Under Section 11, Ted J. Fiflis
Liability For Misleading Statements Under Section 11, Ted J. Fiflis
Publications
No abstract provided.
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
University of Michigan Journal of Law Reform
Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …
Providing An Effective Remedy In Shareholder Suits Against Officers, Directors, And Controlling Persons, Michael H. Woolever
Providing An Effective Remedy In Shareholder Suits Against Officers, Directors, And Controlling Persons, Michael H. Woolever
University of Michigan Journal of Law Reform
Corporate officers, directors, and controlling persons occupy a fiduciary relationship toward the corporation and its shareholders in the exercise of control over corporate affairs. This fiduciary obligation requires that officers, directors, and controlling persons act in good faith and perform their offices in the best interests of the corporation and its shareholders and not to their own advantage. When this duty is breached, a shareholder may bring an action against these fiduciaries, either in his own name or derivatively for the benefit of the corporation. Under present law, however, it may be impossible for an American court to secure jurisdiction …
The New Due Process: Rights And Remedies, Doug Rendleman
The New Due Process: Rights And Remedies, Doug Rendleman
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Remedies, Kenneth B. Germain
Kentucky Law Survey: Remedies, Kenneth B. Germain
Kentucky Law Journal
No abstract provided.
Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott
Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott
Faculty Scholarship
In recent years a series of Supreme Court decisions has purported to envelop the rights of defaulting debtors in an enlarged concept of procedural due process. The central theme underlying this development is clearly an attempt by the Court to impose some degree of constitutional control on the exercise of provisional creditor remedies. The path that leads from Sniadach v. Family Finance Corp. to North Georgia Finishing, Inc. v. Di-Chem, Inc., is however, far from clear and the cases have provoked serious questioning of the meaning and impact of this doctrine. Due process as reflected in Sniadach and Fuentes …
The New Due Process: Rights And Remedies, Doug R. Rendleman
The New Due Process: Rights And Remedies, Doug R. Rendleman
Faculty Publications
This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.
Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.
Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rondeau V. Mosinee Paper Corp., Lewis F. Powell Jr.
Rondeau V. Mosinee Paper Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.
Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Class Actions And The Amount In Controversy, Mary C. Tolton
Class Actions And The Amount In Controversy, Mary C. Tolton
North Carolina Central Law Review
No abstract provided.
Developments In The Availability Of Federal Remedies Against State Activities, Wayne Mccormack
Developments In The Availability Of Federal Remedies Against State Activities, Wayne Mccormack
William & Mary Law Review
No abstract provided.
Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo
Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo
Michigan Law Review
Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.
Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck
Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck
Michigan Law Review
The theory that a primary causal link exists between the victim's pain and the tortfeasor's acts provides considerable appeal for the proposition that the wrongdoer should compensate for the victim's pain. However, recent investigations of the phenomenon of pain by disciplines of the health sciences have challenged the medical theory upon which recoveries for pain and suffering are based. The results of that work are of obvious interest to the legal profession, for the new view of pain suggests that the tortfeasor's acts bear only a tangential relationship to the pain that some victims experience. The results thus raise questions …
The Chilean Copper Nationalization: The Foundation For A Standard Of "Appropriate" Compensation, Alan N. Heibein
The Chilean Copper Nationalization: The Foundation For A Standard Of "Appropriate" Compensation, Alan N. Heibein
Buffalo Law Review
No abstract provided.