Download or read book The Death of the Irreparable Injury Rule written by Douglas Laycock and published by Oxford University Press. This book was released on 1991-01-17 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Download or read book The Death of the Irreparable Injury Rule written by Douglas Laycock and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on an analysis of numerous cases, the author argues that the "irreparable injury" rule is defunct, since it no longer constrains a court's choice of remedy. He proposes new injury rules based on actual practice.
Download or read book Remedies written by Richard L. Hasen and published by Wolters Kluwer. This book was released on 2010-01-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations: Remedies will be a new student favorite with its tried-and-true E&E format. This problem-oriented guide is designed and organized to complement any major remedies casebook and build student comprehension in a carefully constructed, step-by-step approach. It explains remedies, policies and rules, and uses examples to show how lawyers and judges apply the rules to formulate concrete solutions to disputes. Offering a logical and guided format, this valuable supplemental source for your students: covers the areas included in most remedies courses, including damages, injunctions, and restitution, as well as other important topics such as declaratory judgments, punitive damages, and remedial defenses; builds student understanding step-by-step, moving from the basics to the more complex and allowing students to apply the law to particular fact patterns; allows students to study chapters in any order; demystifies the language of remedies using straightforward and student-friendly examples, charts, and illustrations; shows students how to "do the math" related to issues such as computing compensatory damages, present value, and constructive trusts; offers compatibility with all major remedies books, including those that approach remedies through public law and those that approach it through private law; remains the only book in the field to provide both black letter law and examples and answers to build student knowledge; the level of complexity builds as examples continue in each chapter; discusses major remedies cases ( Hadley v. Baxendale ; State Farm v. Campbell ; Sullivan v. O'Connor ), provides detailed coverage of the draft Restatement (Third) of Restitution, and gives detailed analyses of remedies issues under Article 2 of the Uniform Commercial Code
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Philosophical Foundations of the Law of Torts written by John Oberdiek and published by OUP Oxford. This book was released on 2014-03-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.
Download or read book Examples Explanations for Remedies written by Richard L. Hasen and published by Aspen Publishing. This book was released on 2023-11-20 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.
Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-11-06 with total page 1504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials Concise Fifth Edition
Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number of Exhibits: 10 Received document entitled: APPENDIX OF OUT-OF-STATE AUTHORITIES CITED IN APPELLANT'S OPENING BRIEF
Download or read book Handling the Business Emergency written by Thomas E. Patterson and published by American Bar Association. This book was released on 2009 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
Download or read book Harvard Law Review Volume 131 Number 8 June 2018 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2018-06-07 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Liberty Volume 5 written by Douglas Laycock and published by Wm. B. Eerdmans Publishing. This book was released on 2018-12-18 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. In this final volume Laycock documents the use of the Constitution’s Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.
Download or read book Preventing Irreparable Harm written by Eva R. Rieter and published by . This book was released on 2010 with total page 1282 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.
Download or read book Remedies in Australian Private Law written by Katy Barnett and published by Cambridge University Press. This book was released on 2018-08-07 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book offers an] introduction to remedies and their functions under Australian law...[The] text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their application."--
Download or read book Law and Economics Market Non market and Network Transactions written by Panta Murali Prasad and published by Vernon Press. This book was released on 2019-08-31 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is well known that sustainable development practices, technological innovation and good governance play a major role in the accumulation of wealth in a knowledge economy. Hence, the state promotes competition, provides incentives to conserve resources and creates opportunities for citizens to push for innovation and invention. As a result, the formulation of efficient legal rules is essential for protecting intellectual property rights, fully specified contracts and effective ex-ante and ex-post systems. However, can efficient legal rules improve societal well-being by changing the behaviour of individuals and basic social structures and trends? And if so, how can these legal rules be formulated? In their Second International Conference on Law and Economics, the Indian Institute of Technology Kanpur aimed to address the formulation and implementation of efficient legal rules while at the same time working towards a greater dissemination of law and economics-based research. This book is the final outcome of this conference that saw over thirty presentations take place. The twelve carefully selected contributions to this volume cover a broad range of topics within law and economics from engaging with decisions makers to create a process for the routine collection of empirical evidence to perceived gender discrimination and stress among working professionals. This book is not only an important contribution to law and economics scholarship but will also be of great interest to both universities and research institutions working within the field.
Download or read book Oxford Studies in Private Law Theory Volume II written by Miller and published by Oxford University Press. This book was released on 2023-06-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Download or read book Patent Law Injunctions written by Rafał Sikorski and published by Kluwer Law International B.V.. This book was released on 2018-11-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
