Authors: Douglas Laycock
ISBN-13: 9780735572010, ISBN-10: 0735572011
Format: Hardcover
Publisher: Wolters Kluwer Law & Business
Date Published: August 2010
Edition: 4th Edition
Book Synopsis
This eagerly-awaited revision of Modern American Remedies continues to examine the overarching policy themes and principles behind remedies law, with unmatched quality and effectiveness.
The casebook retains the characteristics that made it the bestseller in the field:
outstanding authorship by the widely respected teacher and scholar Douglas Laycock
an effective analytical approach structured around general remedial principles; never presents remedies as a compendium of prescriptions for various substantive wrongs
balanced coverage of both public and private law, emphasizing their remedial similarities as well as their differences
doctrine, fairness, corrective justice, and economic efficiency as competing and often reinforcing approaches; keeps the economics accessible to all
logical organization around the basic remedial choices
effective cases-and-notes pedagogy, refined in each editionBe sure to notice these new and improved features of the Third Edition:
completely updated notes and illustrations
extensive new note material in areas of rapid development, such as governmental immunities and tort reform
reorganized material on structural injunctions is both more concise and more current
more focused material on restitution, incorporating major new scholarship
major new cases: United States v. Virginia, Lewis v. Casey, and Missouri v. Jenkins, and a note on United States v. Microsoft, all on structural injunctions; Glendale Federal Savings v. United States, on the frontiers of restitution; BMW, Inc. v. Gore on punitive remedies; International Union, United Mine Workers v. Bagwell on contempt of court; Alexander v. Sandoval, on implied rights of action; FEC v. Akins, on private initiation of administrative remedies
Table of Contents
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. Enforcing the Judgment: An Ancillary Remedy
Chapter 10. Attorneys’ Fees: Another Ancillary Remedy
Chapter 11. Remedial Defenses
Chapter 12. Fluid Class Remedies
Subjects