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Articles 2461 - 2490 of 2821
Full-Text Articles in Legal Remedies
Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka
Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka
William & Mary Law Review
No abstract provided.
Wrongful Death Damages In Virginia, Donald E. Lee Jr.
Wrongful Death Damages In Virginia, Donald E. Lee Jr.
William & Mary Law Review
No abstract provided.
State Post-Conviction Remedies And Federal Habeas Corpus, William F. Swindler
State Post-Conviction Remedies And Federal Habeas Corpus, William F. Swindler
William & Mary Law Review
No abstract provided.
Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review
Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review
Michigan Law Review
Several lower federal courts have recently been faced with this issue and have reached conflicting results in their attempts to resolve it. This Note will examine both the problems of statutory interpretation and the policy considerations that are involved in deciding whether punitive damages should be awarded in civil actions based on violations of rule I0b-5.
Equity And The Eco-System: Can Injunctions Clear The Air?, Michigan Law Review
Equity And The Eco-System: Can Injunctions Clear The Air?, Michigan Law Review
Michigan Law Review
On April 22, 1970, a number of private groups in the United States sponsored "Earth Day," an attempt to turn the attention of the population to matters of environmental concern. The dramatically favorable response to the idea of "Earth Day" suggests the extent to which more and more persons are becoming worried about ecological destruction. One of the methods of preventing that destruction, the obtaining of injunctions against industrial polluters, is the subject of this Comment. The central focus of this Comment is upon the injunction as a means of preventing air pollution, but most of the substance is equally …
Damages As Compensation For Loss, Robert J. Nordstrom
Damages As Compensation For Loss, Robert J. Nordstrom
North Carolina Central Law Review
No abstract provided.
Dissolution As A Remedy For Dissension And Deadlock In The New York Closely-Held Corporation, Daniel H. O'Connell
Dissolution As A Remedy For Dissension And Deadlock In The New York Closely-Held Corporation, Daniel H. O'Connell
Buffalo Law Review
No abstract provided.
Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer
Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer
Buffalo Law Review
No abstract provided.
Attachment And Garnishment--Constitutional Law--Due Process Of Law--Garnishment Of Wages Prior To Judgment Is A Denial Of Due Process: The Sniadach Case And Its Implications For Related Areas Of The Law, Michigan Law Review
Michigan Law Review
The question of the constitutionality of prejudgment wage garnishment had never before reached the Supreme Court, although in McKay v. Mclnnes, a 1929 memorandum decision, the Court had upheld a statute providing for prejudgment attachment. McKay, which was cited as controlling by the Wisconsin court in its disposition of the constitutional argument in Sniadach, involved an attachment of realty and stock to satisfy a debt. Justice Douglas, writing for the Court in Sniadach, distinguished that case from one involving wage garnishment with the statement that "[a] procedural rule that may satisfy due process for attachments in general ... …
Rent Strike - Landlord's Remedies, G. Richard Gold
Rent Strike - Landlord's Remedies, G. Richard Gold
William & Mary Law Review
No abstract provided.
Profits And Their Recovery, Graham Douthwaite
Profits And Their Recovery, Graham Douthwaite
Villanova Law Review (1956 - )
No abstract provided.
Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham
Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert Birmingham
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii
Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii
Georgia Law Review
The amount of money frequently involved in copyright litigation, especially on the part of the defendant, is trifling. The expense of any litigation is considerable. Unless, therefore, some provision is made for financial protection to a litigant, if successful, it may not pay a party to defend rights, even if valid, a situation opposed to justice.... It is increasingly recognized that the person who forces another to engage counsel either to vindicate, or defend, a right should bear the expense of such engagement and not his successful opponent.
Punitive Damages Against Shipowners, Arthur E. Miller
Punitive Damages Against Shipowners, Arthur E. Miller
Cleveland State Law Review
Much of our national maritime policy is deep-rooted in the body of American admiralty law. Traditionally, Congress and the courts of admiralty have viewed the merchant seaman as within their protective custody because of the inherent danger of his calling and the unique status of his contract of employment. To encourage shipbuilding and develop the American Merchant Marine, similar protection has been extended to the shipowner by enabling him to limit his financial risks in the event of disaster. Conversely, the concept of punitive damages finds no statutory support in our maritime law and has been so seldom awarded as …
Remedies For Breach Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku Furiko Ni Taisuru Kyusai), Whitmore Gray
Remedies For Breach Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku Furiko Ni Taisuru Kyusai), Whitmore Gray
Articles
A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The fifth installment discusses the difficulty of remedies and various methods of enforcement.
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations, Robert Birmingham
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Judicial Review Of Military Determinations And The Exhaustion Of Remedies Requirement, Edward F. Sherman
Judicial Review Of Military Determinations And The Exhaustion Of Remedies Requirement, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.
Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller
Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller
Publications
No abstract provided.
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Cleveland State Law Review
The individual's right in eminent domain proceedings are spelled out by the United States Constitution-specifically, Amendment V, which provides that private property shall not be taken for public use without just compensation. Of course, the seeming simplicity of this constitutional provision belies the complexities involved in its application. For example, it is well settled that "just compensation" for a given piece of property must be measured interms of the fair market value of that property. But market values of real estate are apt to fluctuate even under normal conditions, and their behavior when a public acquisition is in the offing …
Contracts Remedies, Business Facts And Legacy Fantasy, Addison Mueller
Contracts Remedies, Business Facts And Legacy Fantasy, Addison Mueller
Journal of Legal Education
No abstract provided.
Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal
Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal
Michigan Law Review
Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant variables. A discussion of the principles is meaningful only if specific situations are discussed; to talk in generalities is not profitable. Therefore, for the sake of clarity, this Article will consider several typical situations.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Products Liability In Pennsylvania, William E. Benner, Thomas C. Riley, Joseph A. Torregrossa
Products Liability In Pennsylvania, William E. Benner, Thomas C. Riley, Joseph A. Torregrossa
Villanova Law Review (1956 - )
No abstract provided.
Damages In Wrongful Death Actions, Stanley B. Kent
Damages In Wrongful Death Actions, Stanley B. Kent
Cleveland State Law Review
It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Cleveland State Law Review
There is no mystery in the language which courts from time immemorial expressed in an attempt to explain when they will interfere with a verdict which has been challenged on the grounds of either excessiveness or inadequacy. Lip service is given to the rule that the size of the verdict alone is not the criteria for interference with the verdict of a jury. The usual language is that excessiveness or inadequacy, to warrant interference, must evince or carry an implication of passion or prejudice, corruption, partiality, improper influences, or the like. An analysis of the decisions, however, justifies "the conclusion …
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
Cleveland State Law Review
In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Cleveland State Law Review
The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …
Trends In Damage Awards For Spinal Injuries, Vivian Solganik
Trends In Damage Awards For Spinal Injuries, Vivian Solganik
Cleveland State Law Review
This survey covers the years of 1965, 1966 and 1967. Cases have been grouped into injuries to vertebrae, injuries to intervertebral discs, aggravation of pre-existing injuries, and other spinal injuries, and then subdivided by year. The discussion is limited to injuries of the thoracic,lumbar and pelvic (sacrum and coccyx) segments and of the spinal cord. Cases dealing with injuries of muscles, tendons, and ligaments, including sprains and strains, have not been included.