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 ¦   Theory  ¦  Mistake  ¦  Contracts  ¦  Property  ¦  Family  ¦  Wrongs  ¦  Subrogation  ¦ 

A Conceptual Framework for Protecting Value of Informational Products through Unjust Enrichment Law by Leif Gamertsfelder and Brian Fitzgerald (abstract only) (Australian Bar Rev) (1998)

A Critical Legal Rhetoric Approach to 'In Re African-American Slave Descendants Litigation' by Lolita Buckner Inniss (Cleveland-Marshall Legal Studies Paper) (ssrn.com) (April 2008) PDF

A Nazi-Looted Art Tribunal by Jennifer Anglim Kreder (World Arbitration and Mediation Review) (ssrn.com) (December 2007) PDF

Against Fuller and Perdue by Richard Craswell (Univ of Chicago Law Rev) (1999)

American forfeiture law: Property owners meet the prosecutor by Terrance G Reed (Policy Analysis) (1992)

An analytical solution to reasonable royalty rate calculations by William Choi and Roy Weinstein (IDEA) (2001)

A Structured Approach to Calculating Reasonable Royalties by Daralyn Durie and Mark Lemley (Lewis and Clark Law Rev) (ssrn.com) (2010) PDF

Bailouts, Bonuses, and the Return of Unjust Gains by Tracy A Thomas (2009) (ssrn.com)

Beyond Contract: Utilizing Restitution to Reach Shadow Offenders and Safeguard Information Privacy by Marcy E Peek (October 2004) (ssrn.com)

Breach of Contract and the New Remedy of Account of Profits by Maree C Chetwin and David K Round (abstract only) (Abacus) (December 2002)

Breach of contract, restitution for wrongs, and punishment by Ewan McKendrick (book extract) (2003)

Breach Of Fiduciary Duties By A Solicitor - What Is An Appropriate Equitable Remedy? by K L Liew (High Court Rev) (1995)

Change of position and restitution for wrongs: ‘Ne'er the twain shall meet’? by Paul Walker (Melbourne Univ Law Rev) (2009)

Civilizing punitive damages: lessons from restitution by Gail Heriot (Loyola of Los Angeles Law Rev) (2003)

Commonwealth legislation relating to forfeiture of the proceeds of crime (Australian Law Reform Commission) (1998)

Cultural Property, Restitution and Value by Janna Thompson (abstract only) (2003)

Damages and Injunctions in the Protection of Proprietary Research Tools by Mark Schankerman and Suzanne Scotchmer (NBER Working Paper) (1999) (also here, here, here, here, here, here and here)

Defending against punitive damages by Joyce C Wang and Robert M Peterson (Carlson, Calladine and Peterson) (2000)

Disgorgement as an Antitrust Remedy by Einer Elhauge (ssrn.com) (May 2008) PDF

Disgorgement for Unjust Enrichment? by RB Grantham and CEF Rickett (abstract only) (Cambridge Law Jour) (March 2003)

Encroachments: Between Private and Public by Hanoch Dagan (ssrn.com) (2002)

Equitable Compensation: Towards a Blueprint? by Charles Rickett (Sydney Law Rev) (March 2003)

Equitable Transfers of Forfeited Monies or Property (Opinions of the Office of Legal Counsel, DOJ) (1994) (also here)

Equity in Toxic Tort Litigation: Unjust Enrichment and the Poor by Allan Kanner (abstract only) (Law and Policy) (ssrn.com) (April 2004) PDF

Four Principles for Calculating Reasonable Royalties in Patent Infringement Litigation by Thomas F Cotter (2011) (ssrn.com)

From 'Jim Crow' to 'John Doe': Reparations, Corporate Liability and the Limits of Private Law by James Davey (Cardiff Centre for Ethics Law and Society) (January 2006)

From the Right to Return to the Return of Rights: Completing Post-War Property Restitution in Bosnia Herzegovina by Charles B Philpott (abstract only) (International Jour of Refugee Law) (2006)

Human rights and civil litigation in United States courts: the holocaust-era cases by Samuel P Baumgartner (Washington Univ Law Quarterly) (Fall 2002)

Legal Malpractice by Any Other Name: Why a Breach of Fiduciary Duty Claim Does Not Smell as Sweet by Meredith J Duncan (Wake Forest Law Rev) (ssrn) (1999) PDF

Measurement of Restitution: Coordinating Restitution with Compensatory Damages and Punitive Damages by Doug Rendleman (2011) (ssrn.com)

National Reactions to Cultural Property Looting In Nazi Germany: A Window on Individual Effort and International Disarray by Molly Ann Torsen (Electronic Jour of Comparative Law) (December 2005)

Of Harms and Benefits: Torts, Restitution, and Intellectual Property by Wendy Gordon (Jour Leg Stud) (ssrn) (1992) PDF

Preliminary reflections on aspects of holocaust-era litigation in American courts by Burt Neuborne (Washington Univ Law Quarterly) (Fall 2002)

Prescription and Proscription in Fiduciary Obligations by Darryn Jensen (King's Law Jour) (ssrn) (2010) PDF

Privacy, Publicity and Restitution of Wrongful Gains: Another New Economy? by Peter Schlechtriem (Oxford Univ Comparative Law Forum 3) (2001) (there is a discussion forum for this article)

Proceeds of crime – Challenging suspicions by Matthew Thompson (Jersey and Guernsey Law Rev) (February 2007)

Punitive Damages after Exxon Shipping Company v. Baker: The Quest for Predictability and the Role of Juries by Alexandra B Klass (ssrn.com) (2009)

Punitive Damages and French Public Policy by Georges Cavalier (ssrn.com) (November 2007)

Punitive Damages by Numbers: Exxon Shipping Co v. Baker by Joni Hersch and W Kip Viscusi (ssrn.com) (January 2009) PDF

Punitive damages in Italy? by Paolo Gallo (Cardozo Electronic Law Bulletin) (1997)

Punitive Damages - Something for Everyone? by Doug Rendleman (University of St Thomas Law Jour) (ssrn.com) (2010) PDF

Quantification of infringement damages by Richard M Wise (Wise, Blackman) (1997)

Reconceptualizing Trespass by Gideon Parchomovsky and Alex Stein (Northwestern Univ Law Rev) (ssrn) (January 2009) PDF

Reconciling Individual and Group Justice with the need for Repose in Nazi-Looted Art Disputes: Creation of an International Tribunal by Jennifer Anglim Kreder (Brooklyn Law Rev) (ssrn.com) (December 2007) PDF

Reconsidering Restitution in Copyright by Dane S Ciolino (abstract only) (ssrn.com) (1999)

Redefining the market failure approach to fair use in an era of copyright permission systems by Lydia Pallas Loren (Jour of Intellectual Property Law) (1997)

Remedies In Trade Secret Litigation by Colleen M Coyle (Akin, Gump, Strauss, Hauer and Feld) (July 2000)

Repairing the Past: New Efforts in the Reparations Debate in America by Charles J Ogletree, Jr (Harvard Civil Rights-Civil Liberties Law Rev) (2003) PDF

Reparations and Unjust Enrichment by Emily L Sherwin (Cornell Law School Research Paper) (ssrn.com) (August 2004)

Reparations litigation: What about unjust enrichment? by Marglynne Armstrong (Oregon Law Review) (2002)

Restitution and Disgorgement Under The Food, Drug, and Cosmetic Act: Navigating The Canons by Miriam Seifter (March 2006)

Restitution and Slavery by Hanoch Dagan (ssrn.com) (May 2004)

Restitution and Slavery: On Incomplete Commodification, Intergenerational Justice, and Legal Transitions by Hanoch Dagan (abstract only) (2004)

Restitutionary damages - The unnecessary remedy? by Sam Doyle and David Wright (also here) (Melbourne Univ Law Rev) (2001)

Restitution for Wrongs: a Comparative Analysis by Francesco Giglio (Oxford Univ Comparative Law Forum 6) (2001) (there is a discussion forum for this article)

Restitution for Wrongs – Sweden by Mårten Schultz (for The Study Group on a European Civil Code) (2000)

Restitution for Wrongs and the Restatement (Third) of the Law of Restitution by James Steven Rogers (also here) (Boston College Law School Research Papers) (ssrn) (September 2006)

Rethinking Patent Damages by RD Blair and TF Cotter (ssrn.com) (2001)

Rocking Wrigley: The Chicago Cubs’ Off-Field Struggle to Compete for Ticket Sales with its Rooftop Neighbors by Ronnie Bitman (Federal Comms Law Jour) (2004)

Rule 10b-5 and the Rise of the Unjust Enrichment Principle by James J Park (Duke Law Jour) (ssrn.com) (2010)

Spies Like Us? Frank Snepp and George Blake: Freedom of Speech and Restitutionary Remedies by Eoin O'Dell (Current Legal Problems) (February 2010)

Stripping a Criminal of the Profits of Crime by Gareth Jones (abstract only) (Theor Inq in Law) (January 2000)

The Case for Restitution and Unjust Enrichment Remedies in Patent Law by Caprice Roberts (Lewis and Clark Law Review) (ssrn.com) (2009) PDF

The choice between restitution and compensation by C Gray (abstract only) (European Jour of International Law) (1999)

The 'Hail Mary' in Product Liability Cases: Unjust Enrichment by J Russell Jackson (National Law Jour) (December 2005)

The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent by Brian J Love (Missouri Law Rev) (ssrn.com) (April 2009) PDF

The Ongoing Confusion Over Ongoing Royalties by Mark A Lemley (2011) (ssrn.com)

The Provisions of the Proceeds of Crime Bill 2001 (National Crime Authority submission to the Senate Legal & Constitutional Legislation Committee) (January 2002)

The Role of the Official Solicitor by Gareth Jones (on confiscation of the proceeds of crime) (Department for Constitutional Affairs) (1998)

The Structure of Aggravated and Exemplary Damages by Allan Beever (abstract only) (Oxford Jour Legal Stud) (March 2003)

The Virginia Uniform Trade Secrets Act: A Critical Summary of the Act and Case Law by Milton E Babirak, Jr (Virginia Jour Law and Technology) (Fall 2000)

Tort and unjust enrichment intersect again by Simone Degeling (abstract only) (King’s College Law Jour) (2006)

Trade Secrets, Unjust Enrichment, and the Classification of Obligations by James W Hill (Virginia Jour of Law and Technology) (1999)

Two Concepts of Injustice in Restitution for Slavery by Anthony J Sebok (Boston Univ Law Rev) (ssrn.com) (2004)

United Kingdom: Theory Into Action: Calculating Damages Payments and Accounts of Profits in Patent Cases by Leigh Ellis (Profits4You) (February 2010)

Unjust Enrichment and Reparations for Slavery by Dennis Klimchuk (abstract only) (December 2004)

Valuation and damage-quantification issues relating to intellectual property by Richard M Wise (McGill Univ, Meredith Memorial Lectures) (1996) PDF

Variability in Punitive Damages: An Empirical Assessment of the US Supreme Court’s Decision in Exxon Shipping Co v. Baker by Theodore Eisenberg, Michael Heise and Martin Wells (ssrn.com) (April 2009) PDF

"Very much the wrong people": The House of Lords and publication of spy memoirs (A-G v. Blake) by Steve Hedley (Web Jour of Current Legal Issues) (2000)

When is a Willful Breach 'Willful'? A Puzzle and Two Different Economic Solutions by Richard Craswell (Stanford Public Law Working Paper) (ssrn.com) (July 2008) PDF

Who Owns the View? Chicago Cubs v. Rooftop Owners, Or Chicago National League Ball Club, Inc. v. Sky Box on Waveland, LLC by Charles Shifley and Patrick Shifley (Northwestern Jour Technology and Intellectual Property) (Spring 2003)

Who really profits from patent infringements? Innovation incentives and disincentives from patent indemnification rules by Markus Reitzig, Joachim Henkel and Christopher Heath (May 2003)

Wrong and Remedy: A Sticky Relationship by David Wright (abstract only) (Singapore Jour of Legal Studies) (December 2001)

 

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