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Articles 2431 - 2460 of 2821

Full-Text Articles in Legal Remedies

Federal Statues And Government Regulation, Various Editors Jan 1974

Federal Statues And Government Regulation, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Abusive Debt Collection – A Model Statute For Virginia, Robert E. Scott, Diane M. Strickland Jan 1974

Abusive Debt Collection – A Model Statute For Virginia, Robert E. Scott, Diane M. Strickland

Faculty Scholarship

Among the many by-products of the phenomenal growth of consumer credit in the last two decades has been the attempt on the part of existing legal institutions to grapple with the problem of coercive debt collection. The existence of the problem is no longer disputed, and the nature and extent of the abuse surrounding debt collection practices has been the subject of voluminous commentary. Given the dynamics of the competing interests involved when a creditor attempts to collect a just debt which the debtor is unable to pay, an essential conflict requiring regulated resolution becomes apparent. Unfortunately, the problem is …

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Originality And Monetary Remedies Under The Copyright Act, Michael A. Marra Oct 1973

Originality And Monetary Remedies Under The Copyright Act, Michael A. Marra

Buffalo Law Review

No abstract provided.

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A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche Jun 1973

A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche

Washington and Lee Law Review

No abstract provided.

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Constitutional Requirements For Standardized Ability Tests Used In Education, Lewis D. Beckwith May 1973

Constitutional Requirements For Standardized Ability Tests Used In Education, Lewis D. Beckwith

Vanderbilt Law Review

This Note examines the groundwork for possible legal remedies to correct the abuses of tests and testing procedures used by some educators. Because the standardized ability tests administered as prerequisites to college admission are perhaps the most significant obstacles to an individual's educational development, the discussion herein is directed primarily to them. This Note attempts to demonstrate that existing legal doctrines provide an adequate basis for challenging some of the standardized ability tests used in determining college entrance requirements as violations of equal protection and procedural due process. It also discusses the scope of a proper remedy for individuals aggrieved …

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Towards A Property Right In Employment, Philip J. Levine Apr 1973

Towards A Property Right In Employment, Philip J. Levine

Buffalo Law Review

No abstract provided.

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Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein Apr 1973

Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein

Buffalo Law Review

Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).

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Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld Mar 1973

Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld

Michigan Law Review

The history of the enforcement of money judgments in the United States during the colonial period and the early days of statehood has never been explored in depth. The only modern account is the brief discussion in R. Millar's Civil Procedure of the Trial Court in Historical Perspective. Yet, in view of the recent and long overdue concern with the protection of debtors against unnecessarily harsh and oppressive direct collection remedies, a study of the early efforts designed to shield debtors from excessive and wasteful deprivations of their property is not without interest, especially as the record is rich …

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Toward A Law Of Academic Status, Matthew W. Finkin Jan 1973

Toward A Law Of Academic Status, Matthew W. Finkin

Buffalo Law Review

No abstract provided.

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Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green Jan 1973

Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green

Michigan Law Review

In 1946, the Congress of the United States enacted the original Atomic Energy Act as the framework for development, control, and use of atomic energy. This Act provided for the transfer to the new Atomic Energy Commission (AEC), a civilian agency, of the entire atomic energy program which to that point had been conducted by the Manhattan Engineer District, a creature of the United States Army. The Act contemplated that the heart of the nuclear technology-the production of special nuclear material and the use of special nuclear material in both military and civil applications- would be a government monopoly. All …

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The Past As Prologue: A History Of The Right To Repossess, James R. Mccall Jan 1973

The Past As Prologue: A History Of The Right To Repossess, James R. Mccall

Faculty Scholarship

No abstract provided.

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Protecting The Low Income Consumer: Procedural Due Process Revisited Dec 1972

Protecting The Low Income Consumer: Procedural Due Process Revisited

William & Mary Law Review

No abstract provided.

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Cumulative Remedies Under Article 9 Of The Uniform Commercial Code: An Answer To Fuentes V. Shevin Oct 1972

Cumulative Remedies Under Article 9 Of The Uniform Commercial Code: An Answer To Fuentes V. Shevin

William & Mary Law Review

No abstract provided.

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School Desegregation And Affirmative Equitable Relief: Swann And Beyond Sep 1972

School Desegregation And Affirmative Equitable Relief: Swann And Beyond

Washington and Lee Law Review

No abstract provided.

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Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review Mar 1972

Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review

Michigan Law Review

The attitude of the law toward the unborn child has differed according to the area involved and its underlying concepts and policy. It has been settled en ventre sa mere be to his benefit. Legal recognition was accorded "for the purpose of providing for and protecting the child, in the hope and expectation that it will be born alive and be capable of enjoying those rights which are thus preserved for it in anticipation." In this context, the live-birth requirement is not surprising. The injustice of depriving a posthumous child of an inheritance is apparent only if the child is …

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Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review Mar 1972

Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review

Michigan Law Review

A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …

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Consumer Complaints: A Proposed Federal Trade Regulation Rule, Howard R. Lurie Jan 1972

Consumer Complaints: A Proposed Federal Trade Regulation Rule, Howard R. Lurie

University of Michigan Journal of Law Reform

It is no secret that most consumers are unable to protect themselves in the marketplace, yet government assistance to the consumer is frequently unavailable. All too often the bureaus of government are interested primarily in controversies of major significance. Minor consumer complaints are viewed as an annoyance that distract and interfere with more important matters. What must be done to protect consumers is to redress the balance of power now heavily weighted in favor of business. To do so requires that government go beyond current concepts of appropriate consumer protection and establish unorthodox remedies. One such remedy is suggested in …

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Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr. Jan 1972

Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.

University of Michigan Journal of Law Reform

This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …

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Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr. Jan 1972

Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.

Vanderbilt Law Review

Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …

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Recent Treaties And Statutes, Shelley I. Stiles, Iii Jan 1972

Recent Treaties And Statutes, Shelley I. Stiles, Iii

Vanderbilt Journal of Transnational Law

Since the 1946 Supreme Court decision in Seas Shipping Co. v. Sieracki, the seaman's traditional remedy based on absolute liability of the vessel for an unseaworthy condition also has been available to longshoremen. Limited to longshoremen working aboard the vessel, the Sieracki opinion emphasized that the work of loading and unloading vessels was a maritime service formerly and historically rendered by seamen, and reasoned that because the work now performed by longshoremen involved risks commensurate with those undertaken by seamen, longshoremen injured on board ship should be entitled to unlimited recovery under the seaworthiness doctrine. The seaworthiness doctrine was expanded …

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Variation On Libel Per Quod, Laurence H. Eldredge Jan 1972

Variation On Libel Per Quod, Laurence H. Eldredge

Vanderbilt Law Review

During the nineteenth century it became settled common law in England and in the United States that in any action for libel, as distinct from slander, the plaintiff could recover damages without pleading or proving that he had in fact suffered any damages as a result of the publication. The American Law Institute accepted this as sound law. Volume III of the Restatement of Torts, published in 1938, stated the rule in section 569: "One who falsely, and without a privilege to do so, publishes matter defamatory to another in such a manner as to make the publication a libel …

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Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review Dec 1971

Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review

Michigan Law Review

This Comment will examine the likelihood that Rule 23, as it has been interpreted since its amendment, will provide a mechanism through which consumers may successfully resolve their grievances. The focus will be on the manageability problems of providing the requisite notice and of devising a method of calculation and distribution of damages.

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Antitrust Remedies - State Given Setback To Sue As Parens Patriae, William Land Parks Oct 1971

Antitrust Remedies - State Given Setback To Sue As Parens Patriae, William Land Parks

North Carolina Central Law Review

No abstract provided.

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Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review May 1971

Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review

Michigan Law Review

This Recent Development will briefly trace the development of hospital liability for transfusions of hepatitis-infected blood and will analyze both the impact of Cunningham on that area of the law and the correctness of the Cunningham decision.

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Federal Injunctive Relief: What Remains After Younger V. Harris?, Stephen Driesler Jan 1971

Federal Injunctive Relief: What Remains After Younger V. Harris?, Stephen Driesler

Kentucky Law Journal

No abstract provided.

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Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer Jan 1971

Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer

Faculty Publications By Year

No abstract provided.

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Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith Jan 1971

Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith

Cleveland State Law Review

Garnishment, a field once limited only by state or local regulation, has recently undergone a series of much-needed but somewhat questionable changes. These changes are not limited to one state alone, but encompass the entire nation. On July 1, 1970, when Title III of the Consumer Credit Protection Act became effective, this field of law came under the coverage of federal restrictions. In attempting to bring the existing Ohio statutes on garnishment into line with the federal restrictions, the Ohio Legislature passed a series of amendments which became effective on September 16, 1970.

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Recent Development, Employer Knowledge Of Union Strength As A Basis For Bargaining Orders In Absence Of Unfair Labor Practices Or Elections--Summer & Co., 190 N.L.R.B. No. 116 (June 7, 1971), Mark J. Loewenstein Jan 1971

Recent Development, Employer Knowledge Of Union Strength As A Basis For Bargaining Orders In Absence Of Unfair Labor Practices Or Elections--Summer & Co., 190 N.L.R.B. No. 116 (June 7, 1971), Mark J. Loewenstein

Publications

No abstract provided.

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Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin Jan 1971

Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin

Faculty Scholarship

Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …

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Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez Jan 1971

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review (1956 - )

No abstract provided.

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