Equitable Remedies Restitution and Damages

Author: Candace S. Kovacic-Fleischer
Publisher: West Academic Publishing
ISBN: 0314194932
Release Date: 2010-11-01
Genre: Law

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.

Remedies Cases and Materials

Author: Doug Rendleman
Publisher: West Academic Publishing
ISBN: 1683285719
Release Date: 2017-12
Genre: Remedies (Law)

Remedies Ninth 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. Remedies Ninth 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 Ninth teaches the substance and remedies of unjust enrichment law with provocative cases and discussion of the Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011). New decisions in Remedies Ninth examine medical and emotional distress damages, the American attorney-fee Rule and the private-attorney-general exception, state constitutional limits on damages caps, the continuing impact of eBay v. MercExchange on injunctions, unconscionability in a contract to arbitrate, contractual limitations on recovery of damages, restitutionary disgorgement remedies for opportunistic breach of contract, and remedies for harm to pets.

Remedies Cases and Problems

Author: Elaine Shoben
Publisher: Foundation Press
ISBN: 1634602633
Release Date: 2016-04-01
Genre:

The Sixth Edition offers a rich blend of materials mixing textual coverage, problems and provocative cases designed to promote lively class discussion in Remedies. The authors have revised a great book that preserves the best of the former editions and adds revisions and updates, especially in the areas of Equitable Defenses, Preliminary Injunctions, Adjustments and Limitations on Damages, Damages for Economic Loss, Jury Trials, and Declaratory Judgments. This law school casebook focuses on the fundamental tools of judicial remediesâe"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. Those choices for instruction beyond the basic topics include: Specific Performance Equitable Defenses Contempt Preliminary and Permanent Injunctions Structural Injunctions Common law damages and Tort Reform Adjustments and Limitations on Damages Enjoining Speech/Litigation/Crimes/Nuisances Consequences of Remedial Characterizations

Modern American Remedies

Author: Douglas Laycock
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454838203
Release Date: 2012-02-09
Genre: Law

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.

Advanced Torts

Author: George C. Christie
Publisher: West Academic Publishing
ISBN: 0314281827
Release Date: 2012
Genre: Law

This advanced torts book is designed for a two or three hour tort course for students who have had a basic tort class and wish to pursue in-depth some of the important topics of tort law that are not covered in much depth in their basic tort course, or not covered at all. Unlike some advance torts texts that devote much of their attention to economic and business torts, products liability or toxic torts, this book offers materials on a number of areas: trespass and nuisance, economic torts, products liability, insurance, tort reform and non-tort compensation systems, intentional infliction of emotional distress, defamation, privacy, misuse of legal process and constitutional torts.

Understanding Remedies

Author: James M. Fischer
Publisher: LexisNexis
ISBN: 9781422486559
Release Date: 2010-12-07
Genre: Law

This comprehensive Understanding treatise provides an introduction to the basic legal rules and principles that constitute the law of remedies as applied by United States courts. The Second Edition of Understanding Remedies represents a major reworking of the original work. The chapters have been reorganized so that the materials follow the customary approach of teaching remedies: (1) General principles applicable to damages, injunctions, and restitution; (2) Remedy defenses; (3) Applications, e.g., bodily injury remedies, breach of contract remedies; (4) Special problems, e.g., punitive damages, attorneys' fees. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law.

Labor Law

Author: Timothy J. Heinsz
Publisher: West Academic Publishing
ISBN: 0314177728
Release Date: 2009
Genre: Law

This new edition (formerly Oberer, Heinsz, & Nolan's Labor Law casebook) takes a distinctive approach to the topic. The first quarter provides a mini-course in American labor law history, describing the development of labor law in the U.S. This section provides students with the social, political, and economic context necessary to appreciate the doctrinal material presented in the remaining book. Unlike most labor law casebooks, this one remains lean: cases are tightly edited, notes are brief, and the text hews closely to major points. The streamlined presentation is ideal for professors who wish to supplement the material with simulations or other experiential learning exercises.

Remedies

Author: Russell L. Weaver
Publisher: West Academic Publishing
ISBN: 0314281959
Release Date: 2014-03-19
Genre: Law

The third edition continues to emphasize intellectual content and focus on remedial theory and doctrine to better prepare students for actual law practice. The third edition contains the following improvements: more detailed coverage of legal issues, reworked problems, additional overviews at the beginning of each chapter and, cumulative problems at the end of each chapter. The book continues to be divided into two major sections. The early chapters give students a firm grounding in equity and equitable remedies, contempt, and the competing remedial options, and the latter sections are designed to give students a better understanding of the remedial consequences of litigating a case on one theory rather than another.

Cases and Materials on Land Use

Author: David Callies
Publisher: West Academic Publishing
ISBN: 1634596870
Release Date: 2017-06-14
Genre:

The 7th edition is an update with significant new cases, notes and commentary in all subjects. It also includes an expanded introduction to new areas of land use regulation. New topics include form-based zoning, transit-oriented development, public-private partnerships, and community benefit agreements. Chapters on eminent domain, land development conditions, zoning (especially variances), federal lands, global warming, greenhouse gas emissions, renewable solar and wind energy, rainwater capture and conservation, green development standards, ripeness, finality and exhaustion of remedies, standing, statutes of limitations, and judicial review have all been updated.

Remedies Public and Private

Author: Tracy Thomas
Publisher: West Academic Publishing
ISBN: 0314268146
Release Date: 2016-11-23
Genre:

This casebook focuses on remedies across the board, uniquely including public law cases. It includes introduction to the law of remedies; nature, availability, and scope of injunctions; procedures for formulating, administering, and enforcing the injunction; declaratory judgment; compensatory damages and measures; punitive damages; restitution and restitution remedies; equitable defenses; and attorney's fees. Extensive problems suitable for problem-based teaching are included in the teacher's manual. Additional teaching materials, including PowerPoint slides and updated cases, are available below.

Cases and Materials on Modern Antitrust Law and Its Origins

Author: Thomas D. Morgan
Publisher:
ISBN: 0314283439
Release Date: 2014-03-21
Genre: Law

This text organizes cases over four periods: a 25-year period from 1890 to 1914, in which most of today's issues were foreshadowed; a 25-year period from 1915 to 1939, in which the 'rule of reason' forced courts to investigate the actual consequences of business practices; a 35-year period from 1940 to 1975, in which the per se rule and industry concentration provided the predominant models for analysis; and the modern period of now almost 40 years, which is a synthesis of the second and third periods. The new Fifth Edition retains enough of the first three periods to provide important intellectual and economic context, but it expands upon, even more fully, the recent developments of antitrust policy. All major Supreme Court authority is covered, including the 2013 Actavis 'reverse payments' and Phoebe Putney 'hospital regulation' cases, as well as the 2010 Merger Guidelines and developments in lower court treatment of tying, bundled pricing and mergers.