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Modern American Remedies: Cases and Materials, Fifth Edition

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Authors
  • Douglas Laycock
  • Richard L. Hasen
Series / Aspen Casebook Series
BOOKMARK
Book length
1152 pages
Publication Date
2018-11-19
Edition
Fifth Edition
Teaching Materials
NO
Description
Table of contents

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues.

New to the Fifth Edition:

  • New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook
  • Key legal developments through the Supreme Court’s June 2018 decisions, including
    • litigation surrounding President Trump’s travel ban
    • Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google
    • Recent case law regarding the Third Restatement’s approach to unjust enrichment
  • New, updated, or expanded notes on current issues, such as
    • The rise of nationwide injunctions in challenges to federal policy
    • Disputes over the scope of qualified immunity rules for government officials, especially police officers
    • Donald Trump, Stormy Daniels, and Michael Cohen’s business partner
  • A new drafting assignment involving an injunction in a case of same-sex harassment in employment
  • New principal cases:
    • Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages
    • Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract
    • Brown v. Plata, on structural injunctions and reform of prisons
    • Lord & Taylor v. White Flint, on specific performance of long term contracts
    • Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power
    • Bonina v. Sheppard, on measuring restitution from innocent defendants
    • In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments
    • James v. National Financial, LLC, on unconscionability in consumer contracts
    • Arizona Libertarian Party v. Reagan, on laches in election cases

Professors and students will benefit from:

  • Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme
  • Appropriate balance of public and private law
  • Highly teachable and memorable cases, well edited and supported by informative and authoritative notes
  • Coverage and critique of basic law and economics as applied to key remedies issues
  • Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns
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Table of Contents (PDF)
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Professor Materials
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Student Materials:
2024 Laycock / Hasen Fifth Edition Update (PDF)
Recommended materials for academic success
About the authors
Douglas Laycock
Robert E. Scott Distinguished Professor of Law Emeritus
University of Virginia Law School

Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023. Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty. His many writings on religious liberty have been republished in a five-volume collection:

  • Religious Liberty Volume One: Overviews and History

  • Religious Liberty Volume Two: The Free Exercise Clause

  • Religious Liberty Volume Three: Religious Freedom Restoration Acts, Same-Sex Marriage Legislation, and the Culture Wars

  • Religious Liberty Volume Four: Federal Legislation After the Religious Freedom Restoration Act, with More on the Culture Wars

  • Religious Liberty Volume Five: The Free Speech and Establishment Clauses

Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.

Richard L. Hasen
Professor
UCLA School of Law

Professor Richard L. Hasen is an internationally recognized expert in election law, writing as well in the areas of legislation and statutory interpretation, remedies, and torts. He is co-author of leading casebooks in election law and remedies. Hasen served in 2020 as a CNN Election Law Analyst and in 2022 serves as an NBC News/MSNBC Election Law Analyst. He directs UCLA Law’s Safeguarding Democracy Project.

From 2001-2010, he served (with Dan Lowenstein) as founding co-editor of the quarterly peer-reviewed publication, Election Law Journal. He is the author of over 100 articles on election law issues, published in numerous journals including the Harvard Law Review, Stanford Law Review, Supreme Court Review, and Yale Law Journal. He was elected to The American Law Institute in 2009 and serves as Reporter (with Professor Douglas Laycock) on the ALI’s law reform project: Restatement (Third) of Torts: Remedies. He also is an adviser on the Restatement (Third) of Torts: Concluding Provisions.

Professor Hasen was named one of the 100 most influential lawyers in America by The National Law Journal in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the Los Angeles and San Francisco Daily Journal. His op-eds and commentaries have appeared in many publications, including The New York Times, Wall Street Journal, The Washington Post, Politico, and Slate.

Hasen also writes the often-quoted Election Law Blog, which the ABA Journal named to its “Blawg 100 Hall of Fame” in 2015. The Green Bag recognized his 2018 book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, for exemplary legal writing, and his 2016 book, Plutocrats United, received a Scribes Book Award Honorable Mention. His 2022 book, Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It, was named one of the four best books on disinformation by the New York Times.

Professor Hasen holds a B.A. degree (with highest honors) from UC Berkeley, and a J.D., M.A., and Ph.D. (Political Science) from UCLA. After law school, Hasen clerked for the Honorable David R. Thompson of the United States Court of Appeals for the Ninth Circuit and then worked as a civil appellate lawyer at the Encino firm Horvitz and Levy. From 1994-1997, Hasen taught at the Chicago-Kent College of Law and from 1998-2011 he taught at Loyola Law School, Los Angeles, where he was named the William H. Hannon Distinguished Professor of Law in 2005. From 2011-2022, Hasen was Chancellor’s Professor of Law and Political Science at the University of California, Irvine and Co-Director of the Fair Elections and Free Speech Center. He was a visiting professor at UCLA Law twice before joining the faculty in 2022.

Product Information
Edition
Fifth Edition
Publication date
2018-11-19
Copyright Year
2019
Pages
1152
Connected eBook + Hardcover
9781454891277
Connected eBook (Digital Only)
9781543844078
Subject
Remedies
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