Modern American Remedies Cases and Materials, Concise Sixth Edition [Connected eBook]

by Laycock, Douglas; Hasen, Richard L.

• ISBN13: 9798886142327
• ISBN10: 8886142323
• eBook ISBN(s): 9798889063551
• Edition: 6th
• Format: Hardcover
• Copyright: 2025-07-29
• Publisher: Aspen Publishing
• More Book Details

Summary

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Modern American Remedies: Cases and Materials,Concise 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. Following the same organization, scope of coverage, and daily units as the unabridged Sixth Edition, the streamlined Concise Edition features tightly focused notes that emphasize basic principles and central points, with fewer collateral issues. 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. 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. This shorter edition focuses student attention on what will matter to them most: in class, on the bar exam, and in practice.

New to the Concise 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
• 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 birth and wrongful pregnancy cases
• 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 concepts 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 
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