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.

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.

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

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.

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 < 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.

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.

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.

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.

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.