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Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues.
New to the Fifth Edition:
- New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook
- Key legal developments through the Supreme Court’s June 2018 decisions, including
- litigation surrounding President Trump’s travel ban
- Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google
- Recent case law regarding the Third Restatement’s approach to unjust enrichment
- New, updated, or expanded notes on current issues, such as
- The rise of nationwide injunctions in challenges to federal policy
- Disputes over the scope of qualified immunity rules for government officials, especially police officers
- Donald Trump, Stormy Daniels, and Michael Cohen’s business partner
- A new drafting assignment involving an injunction in a case of same-sex harassment in employment
- New principal cases:
- Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages
- Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract
- Brown v. Plata, on structural injunctions and reform of prisons
- Lord & Taylor v. White Flint, on specific performance of long term contracts
- Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power
- Bonina v. Sheppard, on measuring restitution from innocent defendants
- In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments
- James v. National Financial, LLC, on unconscionability in consumer contracts
- Arizona Libertarian Party v. Reagan, on laches in election cases
Professors and students will benefit from:
- Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme
- Appropriate balance of public and private law
- Highly teachable and memorable cases, well edited and supported by informative and authoritative notes
- Coverage and critique of basic law and economics as applied to key remedies issues
- Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns
