Topic
Equitable Remedies
Posts
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NoteVol. 88 · Iss. 3
Sucking the Air out of Wind Energy: Nuisance Litigation and Its Effect on Wind Energy Development
Global climate change is a major threat facing our country and the world. The consequences of climate change are likely to be significant and…
Ryan Kusmin -
NoteVol. 88 · Iss. 2
The Scope of “Plaintiffs’ Harm” in Environmental Preliminary Injunctions
Deep sea adventurer and advocate Jacques Cousteau once stated: “The happiness of the bee and the dolphin is to exist. For man it is…
Amber R. Woodward -
ArticleVol. 88 · Iss. 2
ERISA & Uncertainty
In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed…
Brendan S. Maher & Peter K. Stris -
ArticleVol. 94 · Iss. 2
Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education
Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels…
Derek W. Black -
ArticleVol. 93 · Iss. 2
Paving the Delaware Way: Legislative and Equitable Limits On Bylaws After ATP
In ATP Tour, Inc. v. Deutscher Tennis Bund, the Delaware Supreme Court held that a private company’s fee-shifting bylaw was facially valid. And before…
Michael J. Kaufman & John M. Wunderlich -
ArticleVol. 91 · Iss. 6
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
In one of its most-watched recent cases, the United States Supreme Court struck down a class action alleging that Wal-Mart stores discriminated against female…
Pauline Kim & Margo Schlanger -
NoteVol. 97 · Iss. 3
Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?
A factually baseless plea is one entered by a defendant for an offense that the defense, prosecution, and judge know that the defendant did…
Rob Mangone -
NoteVol. 98 · Iss. 5
Back to Bankruptcy’s Equitable Roots: Recalibrate the Dischargeability of Student Loans Through a Modified Eighth Circuit Approach
This Note examines the bankruptcy courts’ attempt to satisfy the Undue Hardship Exception through the application of these four judicial tests. Through an analysis of each…
Terry Ha -
NoteVol. 89 · Iss. 5
Salazar v. Buono: The Failed Landmark Case and its Illustration of the Two Sides of Plurality Opinions
A simple Latin cross, placed on an outcropping of rock in the Mojave Desert, became the center of much controversy in 1999. The cross…
Daniel Joseph Bass