Remedies

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 & 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.

LOOKING FOR ADDITIONAL RESOURCES TO HELP YOU IN REMEDIES? TRY EXAMPLES & EXPLANATIONS: REMEDIES 2E (9780735584617) --ONE OF MANY GREAT STUDY GUIDES FROM WOLTERS KLUWER LAW & BUSINESS.

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:
- Detailed treatment of newly-added provisions of the draft Restatement of the Law Third, Restitution and Unjust Enrichment;
- The eBay standard for permanent injunctions, and how it has been considered by lower courts and commentators;
- Updates on statutes of limitations issues in light of the Lilly Ledbetter Fair Pay Act of 2009;
- Discussion of the recent Supreme Court Exxon Shipping and Phillip Morris cases on punitive damages.

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.

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

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.

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 Unjust Enrichment.

Hallmark features:

Strong organization

remedies categories and concepts clearly defined

daily teaching units of roughly equal length

each unit focused on a clear central theme

Balance of public and private law

supporting text without dominating the discussion

Memorable cases

Well-written notes

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Stimulates and informs class discussion

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.

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.

When Donna Sabia went into labor on April 1, 1984, she was expecting healthy twins. Instead, one baby was stillborn-and the other just barely clung to life. Caring for their son would exhaust the Sabias emotionally, financially, and physically, and put a nearly lethal strain on their marriage-but after deciding that a lawsuit might bring them some relief, they discovered that what it brought was a seven-year-long maelstrom of conflict, stress, and further expense. This examination of the Sabia family's story brings us not only into their lives but into the lives of the doctors, lawyers, insurance carriers, and countless other players in this heartrending tale of human sorrow which is also, in the words of The San Francisco Chronicle, "a disturbing biopsy of a system in serious need of an overhaul."

Here is the book that A Civil Action fans have been waiting for.

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--Takes readers behind the scenes of both the legal and medical professions

This set of audio cassettes 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.