Legal Remedies Commons^™

Property Rights Or Obstacles To Progress?: The Fundamental Flaws In Takings Jurisprudence, Liam Higgins

Journal of Law and Policy

New York boasts some of the strongest protections for tenants out of all jurisdictions throughout the country. Chief among these laws is the state Rent Stabilization Law (“RSL”). Among other protections, the RSL has limited excessive rent increases on regulated apartments, granted tenants a right of renewal so that they could remain in their homes, and permitted family members to take over the tenancy of their loved ones upon their passing. The RSL has been amended several times throughout its history, each time providing more or less protections depending on the administration at the time. Recently, in 2019, the New …

The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss

Journal of Law and Policy

In 2016, the United States Women’s National Team began a lengthy fight for equal pay by filing a complaint with the Equal Employment Opportunity Commission. In 2019, the fight continued when the team sued the United States Soccer Federation for gender discrimination. When the court granted summary judgment to the U.S. Soccer Federation on their Equal Pay Act claim, it closed the door for the team to achieve equal pay through a public law remedy. The tedious fight came to an end with a settlement which guaranteed that the U.S. Men’s and Women’s National Teams would be paid equally. Although …

Egbert V. Boule And The Dwindling Bivens Doctrine, Luke Smith

MC Law Review

No abstract provided.

Whose Equity? Interpreting Statutes Authorizing Equitable Remedies, Drew Garden

Notre Dame Law Review

The role of equity in federal law has sparked significant recent debate. Much ink has been spilled over the appropriate role of the general equity power in federal jurisprudence. Less attention has been paid to the interpretation of statutes explicitly authorizing equitable remedies. Equity, by its very nature, is a shifting field. In fact, equity came into being precisely because of this need for flexibility, and the role it has played throughout English and American history has been possible solely because of its ability to adapt. Thus, when a statute authorizes equitable remedies but does not specify which remedies, the …

Maine Civil Remedies By Andrew M. Horton & Peggy L. Mcgehee, Eric R. Herlan

Maine Law Review

If there is any ongoing dispute within the legal community that one could properly characterize as a Great Debate, that dispute concerns the nature and sources of judicial power. Most recently that debate has manifested itself in nuanced and subtle disagreements about how a court ought to interpret enacted law, whether found in statutes or written constitutions. That argument about judicial interpretation, and more precisely about the philosophical possibility of correct textual interpretations, is itself simply a more scholarly manifestation of an earlier dispute over whether judges should "legislate" when they resolve difficult legal issues, or should instead constrain themselves …

Maine Refuses To Recognize A Cause Of Action For Loss Of Parental Consortium: Durepo V. Fishman, Nancy Wanderer Mackenzie

Maine Law Review

In Durepo v. Fishman, two minor children filed suit to recover for the loss of parental consortium resulting from injuries allegedly suffered by their mother when she was negligently treated by a physician. The defendant moved to dismiss the claim for failure to state a claim upon which relief can be granted. The trial court granted the motion, and the plaintiffs appealed to the Supreme Judicial Court of Maine, sitting as the Law Court. The case invited the Law Court to declare for the first time in Maine whether a minor child should possess an independent right of action for …

Cy Pres Silliness: Remedies That Do Not Remediate The Harm, Phil Pillari

Northwestern University Law Review

Class actions play an important role in civil litigation, but they suffer from a serious problem. No matter how many plaintiffs are in the class, the individual claims are often miniscule, which can make distributing the inevitable settlement futile. Very few people make a claim, and it often costs more to mail the check than the check is worth. To solve this problem, Steven Shepherd proposed importing the cy pres doctrine (a trusts and estates device that allows courts to rewrite an unenforceable trust) into the class actions context. Shepherd’s framework instructs courts to devise the next best alternative for …

Juries And Tax: The Effect Of Income Taxation On Tort Damages, Jeffrey H. Kahn, John E. Lopatka

South Carolina Law Review

No abstract provided.

Contempt: The Original Judicial Cheat Code, Ryan L. Scott

Dickinson Law Review (2017-Present)

The judicial contempt power challenges the fundamental rights enshrined in America’s Constitution. Imagine spending eight years in federal prison with no right to a jury trial or a court appointed attorney. Your only reprieve is the discretion of the judge who is imprisoning you. Meaningful appeals and even habeas corpus actions are generally not available remedies. Instead, what was originally justified as an inherent power of the court, necessary to maintain order and decorum, is increasingly used for trivial offenses or to incarcerate individuals for far longer than their possible crimes would otherwise warrant.

Despite widespread instances of abuse of …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Heirs Property And The Necessary Role Of Extension In Preventing Land Loss Through Partitioning, Kurt Smith

Journal of Extension

Land loss in the United States continues to be a threat to our inventory of natural resources. The problem of co-tenancy or heirs’ property is a particular and persistent problem throughout the United States leading to fragmentation of property, and the complete loss of forest and farmland. Maintaining enough forest and farmland is essential to local, regional, and international economies. Much can be done to ameliorate the problem through education about the value of successional planning and the requirements of your state regarding the legal practice known as partitioning.

The Curious Case Of The James Brown Estate, Lee-Ford Tritt

UF Law Faculty Publications

Great musicians are larger than life, and the most iconic of them become members of an elite musical monarchy: Michael Jackson was the King of Pop, Aretha Franklin was the Queen of Soul, and Prince Rogers Nelson was Prince. Similarly, James Brown, the inventor of funk music, landed a seat at this table of legendary musicians. Although lacking a royal honorific, James Brown was "the Godfather of Soul." The Godfather of Soul, though, shared more than musical prowess with these other iconic musicians. The estates of James Brown, Michael Jackson, Aretha Franklin, and Prince all continue to face legal obstacles—years …

Collective Attribution In Cyberspace: A Rebranded Version Of Attribution Does Not Make It More Effective, Dan Efrony

International Law Studies

The international community has been unsuccessful in establishing an effective legal framework for holding States accountable for cyber wrongdoing. Instead, official political attribution—collectively denouncing States for irresponsible conduct in cyberspace—has become a common substitute to encourage compliance with voluntary non-binding international norms. Since December 2017, the United States and United Kingdom, along with their closest allies, have embraced and implemented collective attributions and responses. They thereby seek to shape “rules of the road” for responsible State behavior in cyberspace and to enhance accountability and deterrence. However, these attributions rely primarily on the outcomes of American and British attribution processes that …

Whatever Happened To Protecting Families: The Sixth Circuit Narrows Availability Of 42 U.S.C. § 1983 Relief For Children Of A Wrongfully Incarcerated Parent, Allison Gherovici

Villanova Law Review (1956 - )

No abstract provided.

Getting Around The Marking Requirement: Closing The Loophole On Damages, Ethan Buresh

UMKC Law Review

No abstract provided.

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman

Brooklyn Law Review

Interlocutory mandatory injunctions can be an important remedy during the pendency of a trial. With its decision in R. v. Canadian Broadcasting Corp, the Supreme Court of Canada revised its test for an interlocutory mandatory injunction, holding that it should require a higher threshold and be therefore harder to obtain than an interlocutory prohibitive injunction. This higher threshold requires that the applicant demonstrate a strong prima facie case that it will succeed at trial based on law and evidence. This change adds uncertainty to the process, ultimately complicating and adding costs to litigation.

Nationwide Injunctions And The Administrative State, Russell L. Weaver

Brooklyn Law Review

Where an administrative regulation is deemed by a court to be illegal, unconstitutional, or otherwise invalid, courts sometimes issue nationwide injunctions. In other words, instead of holding that the regulation cannot be applied to the individuals before the court, the court prohibits the agency from applying the regulation anywhere in the country, including to others not before the court. This article explores the debate surrounding the appropriateness of nationwide injunctions. While at first glance such injunctions may seem to make sense, they can have serious consequences, including risk of abuse and forum shopping, amplification of erroneous decisions, and the negative …

Nonparty Litigation Holds: Clear To Implement. Complex To Lift., Alexis Bianco-Burrill

Brooklyn Law Review

Legal holds have long been used by parties, and nonparties alike, as a fundamental tool to preserve information that could be needed in litigation. There are a breadth of statutes, case law, and scholarly work clarifying when a party has the duty to preserve documents and therefore issues legal holds under federal law, as well as when nonparties share this same duty. Although the question of when to issue a legal hold has a clear answer, the problem of when a nonparty can lift a litigation hold is much more complex. Often, nonparties who have been requested to preserve documents …