Modern American Remedies: Cases and Materials, Fourth Edition / Edition 4

by Douglas Laycock

Overview

This classroom-tested casebook provides a thorough and accessible examination of the overarching policy themes and principles behind remedies law. Modern American Remedies: Cases and Materials, Fourth Edition, doesn t hide the ball students are given the information they need to participate in classroom discussions that will broaden their understanding.

Among the features that make this text a success:

• A strong and logical organization based on remedies categories and concepts, with daily teaching units of roughly equal length, each exploring a central theme.
• A balanced presentation of public and private law.
• Explanations of basic law and economics that provide necessary background without dominating the primary themes of the book.
• Memorable cases and well written notes.
• An excellent Teacher s Manual that includes daily teaching units, suggested assignment sheets for a variety of courses from one hour to five hours, and suggestions for teaching the cases.

The carefully edited Fourth Edition features:

• New cases, including:
  
  o In re September 11th Litigation (S.D.N.Y. 2008) (on the measure of damages for the destruction of the World Trade Center)
  o In re Trans World Airlines (2d Cir. 1998) (on liquidated damages)
  o Oden v. Chemung County Industrial Development Agency (N.Y. 1995) (on modern statutes modifying the collateral source rule)
  o Arbino v. Johnson andamp; Johnson (Ohio 2007) (on the constitutionality of damage caps)
  o Whitlock v. Hilander Foods (Ill. App. 1999) (on undue hardship)
  o Almurbati v. Bush (D.D.C. 2005) (on the ripeness of perceived threats to transfer Guantanamo prisoners to countries where they
  would be tortured)
  o Pepsico v Redmond (7th Cir. 1995) (on prophylactic injunctions)
  o Horne v. Flores (U.S. 2009) (on modification of injunctions)
  o eBay v. MercExchange LLC (U.S. 2006) (on the prerequisites to an injunction, or on undue hardship, depending on the point of
  view)
  o Winter v. Natural Resources Defense Council (U.S. 2008) (on preliminary injunctions)
  o Exxon Shipping Co. v. Baker (U.S. 2008) (on the federal common law standard for measuring punitive damages)
  o Philip Morris USA v. Williams (U.S. 2007) (on the constitutional limits on punitive damages)
  o Van de Kamp v. Goldstein (U.S. 2009) (on prosecutorial immunity)
  o And more in later chapters

• Substantial reworking of Chapter 8, on restitution, in light of the Restatement (Third) of Restitution and Unjust EnrichmentA thorough updating of Notes throughout and of the Teacher s Manual
• Modern American Remedies: Cases and Materials, Fourth Edition, offers students a clear, logical approach to the study of Remedies while offering instructors a flexible approach to teaching it.

Product Details

ISBN-13:	9780735572010
Publisher:	Wolters Kluwer Law & Business
Publication date:	08/12/2010
Series:	Aspen Casebook
Pages:	1062
Product dimensions:	7.40(w) x 10.20(h) x 1.70(d)

Table of Contents

Chapter 1. Introduction

Chapter 2. Paying for Harm: Compensatory Damages

Chapter 3. Punitive Remedies

Chapter 4. Preventing Harm: The Measure of Injunctive Relief

Chapter 5. Choosing Remedies

Chapter 6. Remedies and Separation of Powers

Chapter 7. Preventing Harm without Coercion: Declaratory Remedies

Chapter 8. Benefit to Defendant as the Measure of Relief: Restitution

Chapter 9. Enforcing the Judgment: An Ancillary Remedy

Chapter 10. Attorneys’ Fees: Another Ancillary Remedy

Chapter 11. Remedial Defenses

Chapter 12. Fluid Class Remedies