Date: Tue, 5 Mar 1996 11:49:26 -0500 (EST) From: Andrew Kull To: restitution mailing list Subject: restitution (U.S. cases in 1995) X-Sender: akull@law.emory.edu Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca As "US Regional Editor" of the Restitution Law Review, I should be extremely grateful to receive the citation of what any recipient considers a noteworthy 1995 decision in restitution in a U.S. court. (The fact that almost no one subscribes to the Restitution mailing list from a U.S. address is not unrelated to the difficulty of locating U.S. restitution cases by ordinary means. The difficulty is compounded by the reluctance of U.S. law professors of any persuasion to read current judicial decisions. But I make this request on the off-chance that you may have noticed some interesting U.S. development.) All suggestions gratefully received. Thanks for your help. Andrew Kull akull@law.emory.edu Date: Mon, 11 Mar 1996 10:48:27 -0700 To: restitution@majordomo.srv.ualberta.ca From: liosmith@maildrop.srv.ualberta.ca (Lionel Smith) Subject: restitution Money Laundering Conference Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca Greetings to all. This is to draw to your attention a conference which might be of interest to list members. It is not entirely about restitution, but my work in tracing has led me into this area and I think it is interesting and becoming more and more important. The law schools at the University of Windsor and the University of Detroit Mercy are putting on the Canada-United States International Money Laundering Conference, 1-3 May 1996, in Windsor, Ont. Grandees include the Solicitor General of Canada, the Attorney General of the US (tentatively), the Canadian Ambassador to the US and the US Ambassador to Canada (the last two may or may not be on speaking terms depending on the Cuba situation). The panels are on Federal Enforcement, Internal Controls and Monitoring (ie for banks etc to comply with reporting requirements), Extradition, Forfeiture, Casinos, International Cooperation in Money Laundering, State/Provincial Enforcement, Know Your Customer, Lawyers Beware (forefeiture of fees which are proceeds of crime, office searches etc), and Undercover and Sting Operations. The panelists are defence lawyers, Crown/US attorney prosecuting lawyers, department of justice lawyers, law enforcement officials (eg RCMP, FBI), bankers, financial investigators, and academics. The cost to academics (and government employees) is CAN$495 or US$395, which is pretty steep, but on the other hand there are good reduced hotel rates and four meals are included. (Cost for others is CAN$795/US$695.) The contact person is Dolores J. Blonde, Conference Coordinator, University of Windsor, Faculty of Law, 401 Sunset Ave., Windsor, Ont. Canada N9B 3P4, tel. 519 253 4232, ext. 2941, fax 519 973 7064. Maybe if we all grumble about their not providing a decent rate for academics they might do something about it. (I did my part, grumbling vociferously.) On the other hand they are probably happy to fill the thing up with bankers and lawyers paying the full shot. Lionel Smith Faculty of Law, University of Alberta Edmonton, Alberta, Canada T6G 2H5 Tel 403 492 2599; Fax 403 492 4924 Date: Tue, 12 Mar 1996 17:01:37 GMT To: restitution@majordomo.srv.ualberta.ca From: eodell@tcd.ie (Eoin O' Dell) Subject: Re: restitution (U.S. cases in 1995) Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca Andrew Kull writes: >As "US Regional Editor" of the Restitution Law Review, I should be >extremely grateful to receive the citation of what any recipient >considers a noteworthy 1995 decision in restitution in a U.S. court. I'm not sure this is close enough, but here goes. In Ireland, damages in the restitution measure for breach of contract are awarded due to the "bad faith" of the defendant: _Hickey v. Roches Stores (No. 1)_ (14 July 1975) [1993] R.L.R. 196. In California, the same impulse created a tort of "bad faith breach of contract" in _Seaman's Direct Buying Service v. Standard Oil_ 36 Cal.3d 753 (1984). The effect was that the bad faith contract breacher could be stripped of his profits in both jurisdictions; and, from the perspective of the law of restitution, that was a restitutionary response, whether achieved through restitution for the wrong of breach of contract of restitution for the wrong of the tort of bad faith breach of contract. However, the Californian Supreme Court this Summer overruled _Seaman's_, in _Freeman & Mills Inc. v. Belcher Oil Co._ -- Cal.3d -- (1995); (1995) Daily Appellate Reports 11851 (31 August 1995). Thus this route to a restitution mesaure of damages for breach of contract is now closed off in California. Apart from my previous mail about _Fulton v. Faulkner_, I've not noticed other discussions of U.S. issues on this list. Is this because nobody else replied, or the replies were private ? Whatever, I hope this helps. Eoin. EOIN O'DELL Barrister, Lecturer in Law Email: EODELL@mail.tcd.ie Trinity College ph (+ 353 - 1) 608 1178 Dublin 2 fax (+ 353 - 1) 677 0449 Ireland (All opinions are personal; no legal responsibility whatsoever is accepted.) Live Long and Prosper !! Date: Thu, 28 Mar 1996 13:07:50 -0700 To: restitution@majordomo.srv.ualberta.ca From: liosmith@maildrop.srv.ualberta.ca (Lionel Smith) Subject: restitution CALT, June 1996: Restitution Section Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca To the Canadian members of the list (and apoplogies to the rest): Many of you will recall that this discussion group grew out of an idea to create a Restitution Section of the Canadian Association of Law Teachers. Since I will be leaving Canada this summer I will not be going ahead with that idea. However, DeLloyd Guth, who is Coordinator of Sections for the CALT, would like to see the idea carried forward if anyone is interested in taking charge of it. He is organizing section meetings for the June 1996 meeting of the CALT in St. Catharine's, Ont. I think he is promoting the idea of informal "round table" section meetings rather than the presentation of papers. The purpose of this message is to ask whether anyone would like to take charge of this project. I would be happy to provide such a person with the names and addresses of those who expressed an interest in joining a Restitution Section when I floated the idea last summer. Most of those who have email are members of this list, but there are many others as well. Alternatively or additionally, if you would like to get in touch with DeLloyd directly he is at: Faculty of Law University of Manitoba Winnipeg, Manitoba R3T 2N2 (204) 474 9773 Fax (204) 275 5540 Many thanks in advance. Lionel Smith Faculty of Law, University of Alberta Edmonton, Alberta, Canada T6G 2H5 Tel 403 492 2599; Fax 403 492 4924 Date: Fri, 29 Mar 1996 04:25:27 -0600 (CST) To: restitution@majordomo.srv.ualberta.ca From: jmcvay@comp.uark.edu (Jason McVay) Subject: restitution I'm new, and I have a question. . . Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca Hello everyone! I joined this list last night while I cruised for info on white-collar crimes. I look forward to the discussions. I am a new graduate of the University of Arkansas at Fayetteville with a BA in Political Science. I am completing a BA in Sociology this semester. Let me give you some background on my question. Several years ago, I was looking through a pamphlet of books offered by the Cato Institute. One of the books that caught my eye dealt with restitution in Ireland--or Scotland? The book focused on the criminal law of this country several hundred years ago. It maintained that the country punished its criminals mainly by restitution. Barely anyone went to 'prison'. Has anyone else seen this book? Does anyone know the name of the book? I didn't order it at the time, and I'm now kicking myself for it. Much thanks, Jason McVay --------------------------------------------------------------------- ---------- Jason McVay a.k.a. Poppa Member of Sigma Epsilon Chi jmcvay@comp.uark.edu RA of Gladson-Ripley 2nd floor http://comp.uark.edu/~jmcvay Friend to many . . . - - - - - - - Sometimes I sit around thinking I'm pregnant, but then I remember I don't have that type o' tubin'. --------------------------------------------------------------------- ---------- Date: Fri, 29 Mar 1996 09:39:57 -0700 To: restitution@majordomo.srv.ualberta.ca From: liosmith@maildrop.srv.ualberta.ca (Lionel Smith) Subject: Re: restitution I'm new, and I have a question. . . Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca Jason McVay wrote: > I joined this list last night while I cruised for info on white-collar >crimes. In that context, I thought I would mention that Oceana is putting on its 5th Conference on Money Laundering, Asset Forfeiture, International Financial Crimes etc. in New York on 16-17 May 1996. Contact is Karen Vangor at Oceana Publications Inc., 75 Main St., Dobbs Ferry, NY 10522; tel 914 693 8100 (or 800 831 0758 in the US only); fax 914 693 0402; email oceana@panix.com. These conferences are expensive but they may give an academic a break. Also, as mentioned previously, two law schools in Windsor-Detroit are putting on the Canada-United States International Money Laundering Conference, 1-3 May 1996, in Windsor, Ont. Contact is Dolores J. Blonde, Conference Coordinator, University of Windsor, Faculty of Law, 401 Sunset Ave., Windsor, Ont. Canada N9B 3P4, tel. 519 253 4232, ext. 2941, fax 519 973 7064. This is a little less expensive but still pretty steep. Lionel Smith Faculty of Law, University of Alberta Edmonton, Alberta, Canada T6G 2H5 Tel 403 492 2599; Fax 403 492 4924 Date: Fri, 29 Mar 1996 12:29:16 GMT To: restitution@majordomo.srv.ualberta.ca From: eodell@tcd.ie (Eoin O' Dell) Subject: Re: restitution I'm new, and I have a question. . . Sender: owner-restitution@majordomo.srv.ualberta.ca Reply-To: restitution@majordomo.srv.ualberta.ca Jason McVay writes: >Several years ago, I was >looking through a pamphlet of books offered by the Cato Institute. One of >the books that caught my eye dealt with restitution in Ireland--or >Scotland? The book focused on the criminal law of this country several >hundred years ago. It maintained that the country punished its criminals >mainly by restitution. Barely anyone went to 'prison'. Has anyone else seen >this book? Does anyone know the name of the book? I didn't order it at the >time, and I'm now kicking myself for it. I'm afraid that I'm not familiar either with the Cato Institute or its publications. But I am familiar with Irish law and with the Law of Restitution in many countries, and I think I can answer the general query fairly quickly: the system you are referring to is almost certainly Ireland. In the brehon law system, common in Ireland before the coming of English law from 1189, most crimes were punishable by a duty to compensate the victim for loss. Thus, if there had been a theft, the thief had to make restitution of the proceeds or its value. If there had been a personal injury, the criminal had to pay compensation. This applied even in the case of a killing, where the fine was payable to the next of kin of the deceased. (The name for such a fine by way of compensation or restitution (as the case may be) was eric (with an accent on the e)). The leading introduction to this system: Kelly Fergus A GUIDE TO EARLY IRISH LAW (Dublin, Dublin Institute for Advanced Studies, 1988) one volume of a series on Early Irish law published by the DIAS. There is (as yet !) no textbook on the modern Irish law of Restitution; and few traces of the brehon law survive into modern law. However, it is true that the brehon law > punished its criminals mainly by restitution where restitution has an expanded meaning. Scottish law is entirely different: its law has many Roman law antecedents, and the leading book on Restitution in Scotland is William J. Stewart THE LAW OF RESTITUTION IN SCOTLAND (Edinburgh, W. Green, 1992) Hope this helps. Eoin. EOIN O'DELL Barrister, Lecturer in Law Email: EODELL@mail.tcd.ie Trinity College ph (+ 353 - 1) 608 1178 Dublin 2 fax (+ 353 - 1) 677 0449 Ireland (All opinions are personal; no legal responsibility whatsoever is accepted.) Live Long and Prosper !!