Modern American Remedies Cases and Materials [Connected eBook]

by Laycock, Douglas; Hasen, Richard L.

• ISBN13: 9798886142303
• ISBN10: 8886142307
• eBook ISBN(s): 9798886142310
• Edition: 6th
• Format: Hardcover
• Copyright: 2025-06-04
• Publisher: Aspen Publishing
• More Book Details

Summary

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Modern American Remedies: Cases and Materials, Sixth Edition by authors Douglas Laycock and Richard L. Hasen, who are not only distinguished authors but also the nation’s preeminent experts in the field of Remedies, provides a pragmatic approach to the subject of judicial relief by cutting across substantive fields as it explores the general principles of the law of remedies.

This casebook 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 between public and private law and teaches and critiques the basics of economic analysis as applied to remedies issues.

This is the authoritative book, viewed as the leading book in the field. It’s often quoted by courts as the leading work describing concepts in the field. It doesn’t just give a list of remedies: it gives a conceptual framework for evaluating remedies and teaches students the value of choices they can make as lawyers to advocate for the best remedies for their client.

New to the Sixth Edition:
● Extensive integration of relevant material from the new Restatement (Third) of Torts: Remedies in chapters on compensatory damages, punitive damages, injunctions, and remedial defenses (The casebook authors are the Reporters on this Restatement project)
● All notes reviewed and updated as appropriate
● Reorganized and expanded material on damages that cannot be measured in a market, including dignitary harm, and the relationship of dignitary harm to emotional distress, constitutional harm, and other types of damages
● Updated and extensive treatment of the Supreme Court’s treatment of emergency relief and the standards for granting stays and injunctions pending appeal
● New principal cases on injunctions bonds (NCAA from the Third Circuit), the federal right to a jury trial (Jarkesy from the Supreme Court), and the three types of contempt (Town of West Lakeland from a Minnesota appeals court)
● Updated notes on lodestar calculations for attorneys’ fees and new Supreme Court cases on calculation of costs
● Expanded material in compensatory damage chapter on use of race and sex data for computing lost earnings and life expectancy, and on discounted medical billing, wrongful life, wrongful birth, and wrongful pregnancy cases
● Extensive new material on the controversy about qualified immunity for police officers and other government officials and employees
● Revised material on mistaken payments in restitution following Banque Worms, with attention to Citibank’s billion-dollar mistaken payment
● Updated consideration of cy pres and fluid class remedies

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

Table of Contents

SUMMARY OF CONTENTS

Contents
Preface to the Sixth Edition
Acknowledgments

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
Ancillary Remedies: Enforcing the Judgment
CHAPTER 10
More Ancillary Remedies: Attorneys’ Fees and the Costs of Litigation
CHAPTER 11
Remedial Defenses
CHAPTER 12
Fluid-Class and Cy Pres Remedies

Appendix Present Value Tables
Table of Cases
Table of Statutes, Rules, Constitutions, Treaties, Restatements, and More
Table of Secondary Authorities
Index