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Books : Nonfiction : Law : Procedures & Litigation : Remedies
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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 d
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In Examples and Explanations: Remedies, Richard L. Hasen clearly and methodically explains the policies and rules of remedies, using examples to show how lawyers and judges apply the rules and formulate solutions in legal disputes. Through the Examples and Explanations pedagogy, students can then practice applying the rules themselves as they come up with viable solutions for a variety of realistic fact patterns.Demystifying Remedies with the proven-effective Examples and Explanations pedagogy, this concise study guide features:
- A student-friendly writing style, plus examples, charts, and illustrations topical coverage to complement most remedies courses, with damages, injunctions, and restitution, as well as declaratory judgments, punitive damages, and remedial defenses stand-alone chapters that can be studied in any order;
- Clear instruction and visual aids that show students how to do the math to compute compensatory damages, present value, and constructive trusts;
- Longer essay questions in the final chapter test students' mastery of the subject and provide tips for crafting a remedies exam essay;
- Discussion of major remedies cases, such as Hadley v. Baxendale, Walker v. City of Birmingham, and Sullivan v. O Connor;
- Analyses of remedies issues under Article 2 of the UCC and the common law.New to the Second Edition:
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After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs.Casenote Legal Briefs Features:
- Keyed to specific casebooks by title/author
- Most current briefs available
- Redesigned for greater student accessibility
- Sample brief with element descriptions called out
- Redesigned chapter opener provides rule of law and page number for each brief
- Quick Course Outline chart included with major titles
- Revised glossary in dictionary format
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Remedies Eighth teaches students how to traverse the complex territory of choice and measurement of plaintiffs' remedies. Accessible and readable decisions build on upper-level students' first-year courses in contracts, torts, property, constitutional law, and civil procedure. This book is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer's tactics in addition to the court's decisions. It examines law and economics in selecting between tort and contract remedies. Remedies Eighth cites and discusses the freshly minted 2011 Restatement (Third) of Restitution and Unjust Enrichment. New decisions in Remedies Eighth examine ?actual damages, medical monitoring, the American attorney-fee Rule and the private-attorney-general exception, the Supreme Court's punitive damages opinions in Exxon Shipping Company v. Baker and Philip Morris USA v. Williams, state constitutional limits on damages caps, eBay v. MercExchange on the elements for an injunction, the standard for a preliminary injunction in light of eBay v. MercExchange and Winter v. Natural Resources Defense Counsel, unconscionability in a contract to arbitrate, and contractual limitations on recovery of damages.
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The Kaplan PMBR FINALS Series is designed to provide students with all the ammunition needed to succeed on their law school exams. Unlike other commercial outline series, Kaplan PMBR FINALS: Remedies features several integrated sections: substantive course outlines, question summary outlines, detailed practice questions, and fully detailed explanatory answers.
Kaplan PMBR FINALS: Remedies contains three types of questions of varying difficulty. The True/False questions merely require the student to know the black letter of the law. The multiple choice questions require knowledge of the black letter law and some legal reasoning skills. The essay questions require deep thought and extensive legal reasoning. Reviewing the questions will help you prepare for your exams and will assist you in understanding the black letter law.
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Types of Remedies; Equity; Law-Equity Distinction; Contempt; Discretion; Balancing Equities; Adequacy of Legal Remedy; Jury Trial in Equity; Injunctions and Provisional Injunctive Relief; Principles of Damages; Basic Rules; General Damages and Consequential Damages; Proving Market Value; Interest; Reduction to Present Value; Inflation; Benefits from a Tort; Avoidable Consequences; Attorney Fees Recovery; Punitive Damages; Restitution; Restitution at Law and in Equity; Constructive Trust; Measurement of Restitution; Defenses; Harms to Tangible Property; Land; Personal Property; Interference with Economic Rights; Invasion of Civil Rights and Dignitary Interests; Personal Injury and Wrongful Death; Fraud and Misrepresentation; Duress, Undue Influence and Other Unconscionable Conduct; Mistake in Contracting and Gift Transactions; Remedies for Breach of Contract; Unenforceable Contracts.
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Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how.
The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles.
Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
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This set of CDS includes a 5 hour lecture on Remedies and a 40 page handout. For the Law School Legends Audio Series, we found the truly gifted law school professors most law students can only dream about - the professors who draw rave reviews not only for their scholarship, but for their ability to make the law easy to understand. We asked these select few professors to condense their courses into a single lecture. And it’s these lectures you’ll find in the Law School Legends Audio Series. With Law School Legends, you’ll get a brilliant law professor explaining an entire subject to you in one simple, dynamic lecture.
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The Eighth Edition retains the organization of the Seventh Edition while thoroughly updating it. The first half of the casebook introduces injunctive relief, damages, restitution, and declaratory relief. The second half of the book creates opportunities to consider these four remedies in the context of tort and contract actions for various types of harm. The updates include recent United States Supreme Court cases on such topics as injunctive relief and punitive damages. New cases in the second half of the book feature such current topics as injunctions against defamatory statements and public nuisance actions against lead paint manufacturers.
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In a mere quarter-century, restorative justice has grown from a few scattered experimental projects into a worldwide social movement. Moving beyond its origins within the criminal justice arena, restorative justice is now being applied in schools, homes and the workplace.The restorative justice approach challenges the idea that state punishment is the best method of achieving justice. This "restorative" alternative strives to directly address the needs of all persons affected by a crime or a harm, often by bringing together victims, offenders and community members in some form of structured mediation or dialogue.
The distinguished contributors to this book are all long-term advocates and practitioners of restorative justice from North America, Europe, Australia/New Zealand and South Africa. The 31 chapters confront the key threats to the integrity and effectiveness of the emerging international restorative justice movement: (1) cooptation or diversion from its core mission, and the possibility that reforms may cause unintended consequences; (2) being relegated primarily to "minor" crimes or conflicts, so that it has minimal impact on the overall system or justice; and (3) inherent flaws that undermine its effectiveness, such as failure to address social problems that breed conflicts, and methods skewed by cultural or gender biases.
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Modern American Remedies: Cases and Materials is known for a strong organization that highlights remedies categories and concepts within daily teaching units of roughly equal length, each focused on a clear central theme. The text achieves a solid balance of public and private law and integrates basic legal and economic information, without letting either dominate the book. Memorable cases and well-written notes offer plenty of information to inform class discussion.Following the same organization, scope of coverage, and daily units as the Fourth Edition, the Concise Fourth features tightly focused notes emphasizing basic principles and central points, with fewer illustrations and fewer collateral issues. The volume of notes has been reduced by more than 35%. The Fourth Edition introduces 36 new principal cases, including: In re September 11th Litigation (on the measure of damages for the destruction of the World Trade Center); eBay v. MercExchange LLC (on the prerequisites to an injunction, or on undue hardship, depending on one's point of view); Exxon Shipping Co. v. Baker (on the federal common law standard for measuring punitive damages); and Philip Morris USA v. Williams (on the constitutional limits on punitive damages). Substantial reworking of Chapter 8, on restitution, reflects the Restatement (Third) of Restitution and
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This eagerly-awaited revision of <b>Modern American Remedies</b> continues to examine the overarching policy themes and principles behind remedies law, with unmatched quality and effectiveness.<p class=copymedium> The casebook retains the characteristics that made it the bestseller in the field: <li class=copymedium> outstanding authorship by the widely respected teacher and scholar Douglas Laycock <li class=copymedium> an effective analytical approach structured around general remedial principles; never presents remedies as a compendium of prescriptions for various substantive wrongs <li class=copymedium> balanced coverage of both public and private law, emphasizing their remedial similarities as well as their differences <li class=copymedium> doctrine, fairness, corrective justice, and economic efficiency as competing and often reinforcing approaches; keeps the economics accessible to all <li class=copymedium> logical organization around the basic remedial choices <li class=copymedium> effective cases-and-notes pedagogy, refined in each edition</ul> <p class=copymedium>Be sure to notice these new and improved features of the Third Edition: <li class=copymedium> completely updated notes and illustrations <li class=copymedium> extensive new note material in areas of rapid development, such as governmental immunities and tort reform <li class=copy
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This edition contains the following improvements over the first edition: More detailed coverage of legal issues than previous book Better problems reworked from the last edition Overviews added at the beginning of each chapter Cumulative problems at the end of each chapter The book is still divided into two major sections. The early chapters give students a firm grounding in equity and equitable remedies, contempt, and the prerogative writs. The problems are constructed to cross subject matter boundaries, analyze competing remedial options, and give students a better understanding of the remedial consequences of litigating a case on one theory rather than another.
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This book is written in a student-friendly style designed to facilitate learning and comprehension. In addition the book is up-to-date and contains the latest decisions from the United States Supreme Court and the lower federal and state courts.
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This casebook provides detailed information on remedies. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
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The Fourth Edition offers a unique blend of materials rich with problems and provocative cases designed to promote lively class discussion in Remedies. The authors have a revised a great book that preserves the best of the former editions and adds revisions and updates, especially in the areas of Punitive Damages, Tort Reform, Specific Performance, Equitable Defenses, Preliminary Injunctions and Attorney Fees. This law school casebook focuses on the fundamental tools of judicial remedies: injunctions, damages, and restitution. In addition to providing students with a solid grounding in these basics, the casebook also offers the professor choices about which additional areas to cover in depth. The casebook provides separate chapters offering extended coverage of topics such as: Specific performance Equitable defenses Contempt Damages in specific subject areas Punitive damages Attorney fees "Tort reform" and damage caps Jury trial rights Declaratory relief.
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This book seeks to analyze the law of restitution, namely that body of law which is concerned with the award of remedies which are assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims which are founded on unjust enrichment, but also considers the award of restitutionary remedies following the commission of a wrong and claims involving the recovery of the claimant's property. The law is analyzed by focusing on the principles which underpin the subject.