Author: Kirstin Stoll-DeBell
Publisher: American Bar Association
Release Date: 2009
The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Author: Douglas Laycock
Publisher: Oxford University Press
Release Date: 1991-01-17
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.
Author: Melissa F. Miller
Publisher: Brown Street Books
Release Date: 2011-04-18
A skillfully woven plot, surprising twists, and a cracking pace keep readers turning the pages in this gripping legal thriller from a USA Today Bestseller. Downloaded by more than one million readers! Attorney Sasha McCandless has one goal: Make partner at the best firm in town. Then a plum assignment plunges her into a world of deceit and danger. When a commercial flight crashes, killing everyone on board, she's tapped to defend the airline. It's her big chance ... high-stakes litigation for an important client. But, as she digs into the evidence, people close to the case start dying. She discovers the crash was intentional, caused by a smartphone app capable of overriding the cockpit controls. But she's not sure who she can trust with the horrifying truth. She teams up with a federal air marshal, and they race to prevent another airline disaster. Soon, Sasha finds herself with a brand-new life goal: Stop a madman before he kills her. Keywords: women sleuths, mystery & thriller, mystery series, legal thriller, suspense, murder, bestseller, Krav Maga, fast-paced, gripping, technothriller, female protagonist
Author: Douglas Laycock
Publisher: Aspen Publishers
Release Date: 2018-11-05
Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Court’s June 2018 decisions, including litigation surrounding President Trump’s travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohen’s business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns Teaching materials include: Cases and notes from previous editions omitted from the 5th Edition available online Annual Professor’s Update or Supplement Excellent Teacher’s Manual (as PDF or Word files), including: Introduction Transition Guide Designing the Remedies Course Introduction, daily teaching units, suggested assignment sheets Sample Syllabi for a 1, 2, 3, 4, or 5 hour course Suggestions for teaching the cases (all units, all chapters) Wrapping Up: An Overview Lecture
Author: Renata Adler
Publisher: Melville House Publishing
Release Date: 2004
What really happened in the 2000 presidential election - and can it happen again? It was the most tumultuous and uncertain transition of power in the history of the United States, and yet, to most Americans, what really happened in the 2000 presidential election remains unclear something went wrong in Florida, but the Supreme Court cleared it up and then, er, everyone was happy . . . right? But who actually won the Florida vote recount? What, exactly, did the Supreme Court decide? Was there truly no dissent? What role did the mass media play? In Irreparable Harm, Renata Adler, the long-time star of The New Yorker magazine who is also an attorney and a life-long Republican, takes a blistering look at the Bush v. Gore Supreme Court decision, and uncovers numerous problems, including instances where the judges mis-cited their own previous decisions, or reversed them. Irreparable Harm is one of three hard-hitting books published by Melville House (The Road to Illegitimacy, Irreparable Harm and The Big Chill) that take a close look at the 2000 election - based on three pieces of investigative journalism originally filed at the time, by three of the country's top journalists. These three insightful books are riveting history. But more importantly, they may help troubled Americans with one of the most pressing questions we face: Can it happen again?
Author: Philippe Valenti
Publisher: Springer Science & Business Media
Release Date: 2011-08-28
Treatment of symptomatic irreparable cuff tear is rare, but represents a difficult challenge for the surgeon. Tendon transfer from periscapular muscles group is a therapeutic option. Many tendon transfers are reported as latissimus dorsi, teres major, split of anterior deltoid and pectoralis major. The goal of this book is to remind the biomechanical and anatomical basis of these tendon transfers and to report tips and tricks and results of these techniques. A treatment algorithm is proposed in patients who have both pain and weakness or have loss of active forward elevation or external rotation. Moreover, tendon transfer can be combined with reverse shoulder prosthesis in patients with an unstable gleno humeral arthritis.
Author: Erik Doxtader
Publisher: New Africa Books
Release Date: 2004-01-01
The question of reparation remains. As South Africa prepares to enter its second decade of democracy, there are no easy answers about how to best repair the damage inflicted by the past. The wounds are deep and they haunt. If left unresolved, apartheid's legacy of inequality may come to thwart ongoing efforts to build a culture of human rights, nurture democratic politics, and move forward with the project of reconciliation. A difficult concept and an even more difficult process, reparation in South Africa appears to require a sustained combination of resources, will power and committed dialogue. Beginning with a detailed analysis of the TRC's recommendations for reparation and the ensuing public debate over their implementation, To Repair the Irreparable features over twenty essays from leading commentators about the past, present, and future of reparation in South Africa. What are the benefits and limits of current reparation policy? How can South Africa best balance the demands of reparation, democracy-building and justice? How does the South African experience contribute to international debates over reparation?What is the best way to resolve ongoing debates over land redistribution, the reconstruction of civil society, the promise of restorative justice, and the legal disputes that surround calls for reparation? These problems are urgent. For both citizen and scholar, this book makes an important case for why reparation matters and offers a timely discussion of how South Africa can best continue the work of reconstruction.
Author: M.G. Forrester
Publisher: Springer Science & Business Media
Release Date: 2012-12-06
Forrester discusses animal rights, obligations concerning future generations, abortion, limiting medical treatment, and euthanasia. Persons are defined as individuals who ought to be treated in accordance with all sound moral principles. The author develops an account of what moral principles are sound, how we can apply them to complex situations, and what makes it reasonable to treat individuals in accordance with particular moral principles. This discussion puts the book's practical conclusions on a sounder basis than much other work on practical ethics. Most such authors state some general principles, but say little about why these principles should be accepted. Moreover, they rarely show how general principles can generate answers to specific dilemmas. Some even maintain that general principles are irrelevant. Since Forrester is both a nurse practitioner and a philosopher, she has had direct acquaintance with many agonizing situations in medicine. Summaries of the theoretical conclusions are included to enable nonprofessionals to follow the discussion of practical issues. The book will thus interest not only professional philosophers, but also non-philosophers concerned with problems in medical and environmental ethics, abortion, and animal rights.