Repairing (the Doctrine of) Irreparable Harm
Title | Repairing (the Doctrine of) Irreparable Harm PDF eBook |
Author | Ofer Grosskopf |
Publisher | |
Pages | 23 |
Release | 2016 |
Genre | |
ISBN |
In deciding whether to grant a preliminary injunction courts compare the expected irreparable harm if the injunction is not issued to the irreparable harm that would result if the injunction is issued. An injury is considered irreparable only as far as it quot;cannot be cured by a remedy after trial.quot; We argue that efficiency entails that this definition is incorrect. Harm to one party which does not correlate to a corresponding benefit to the other party is a deadweight-loss. The court must take such harm into account in deciding whether to issue a preliminary injunction, irrespective of the availability of an ex-post remedy. Consequently, the implementation of the current doctrine, which allows courts to disregard certain social harms (losses that can be compensated for), leads courts to grant, in some cases, inefficient preliminary injunctions, and to reject, in other cases, applications for efficient ones.
Model Rules of Professional Conduct
Title | Model Rules of Professional Conduct PDF eBook |
Author | American Bar Association. House of Delegates |
Publisher | American Bar Association |
Pages | 216 |
Release | 2007 |
Genre | Law |
ISBN | 9781590318737 |
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.
The Death of the Irreparable Injury Rule
Title | The Death of the Irreparable Injury Rule PDF eBook |
Author | Douglas Laycock |
Publisher | Oxford University Press, USA |
Pages | 375 |
Release | 1991 |
Genre | Equitable remedies |
ISBN | 0195063562 |
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.
Oxford Studies in Private Law Theory: Volume II
Title | Oxford Studies in Private Law Theory: Volume II PDF eBook |
Author | Paul B. Miller |
Publisher | Oxford University Press |
Pages | 257 |
Release | 2023-05-11 |
Genre | Law |
ISBN | 0198876122 |
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.
Moral Repair
Title | Moral Repair PDF eBook |
Author | Margaret Urban Walker |
Publisher | Cambridge University Press |
Pages | 231 |
Release | 2006-09-18 |
Genre | Philosophy |
ISBN | 1139457543 |
Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker presents a unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs.
Basic Concepts in Nuclear Physics: Theory, Experiments and Applications
Title | Basic Concepts in Nuclear Physics: Theory, Experiments and Applications PDF eBook |
Author | José-Enrique García-Ramos |
Publisher | Springer |
Pages | 252 |
Release | 2016-05-17 |
Genre | Science |
ISBN | 3319211919 |
This volume covers invited papers presented during the La Rábida 2015 International Scientific Meeting on Nuclear Physics, which can be considered heir of a well known series of triennial international summer schools on Nuclear Physics organized from 1982 till 2003 by the Basic Nuclear Physics group in the University of Sevilla. The La Rábida 2015 meeting offered to graduate students and young researchers a broad view of the field of Nuclear Physics. The first invited speaker presented the state-of-the-art of Relativistic Mean Field calculations. The second set of notes covers selected topics in gamma ray spectroscopy with exotic nuclei. The third speaker presented an introduction to the subject of severe accidents in nuclear power plants. In the fourth set of notes, the author illustrated how to use laser spectroscopy to determine very important observables of atomic nuclei. The fifth speaker devoted its notes to explain several aspects of neutrino physics. Finally, the sixth speaker presented an overview of nuclear medicine and radiodiagnostic. In addition to this, the inclusion of the posters and seminars presented by the students gives a fresh and ample perspective on the many different problems of interest nowadays for the Nuclear Physics community.
General Theory of Law
Title | General Theory of Law PDF eBook |
Author | Nikolaĭ Mikhaĭlovich Korkunov |
Publisher | |
Pages | 554 |
Release | 1909 |
Genre | Jurisprudence |
ISBN |