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Modern American Remedies: Cases and Materials, Sixth Edition

Authors
  • Douglas Laycock
  • Richard L. Hasen
Series / Aspen Casebook Series
Teaching Materials
NO
Description

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, Sixth Edition by authors Douglas Laycock and Richard L. Hasen, who are not only distinguished authors but also the nation’s preeminent experts in the field of Remedies, provides a pragmatic approach to the subject of judicial relief by cutting across substantive fields as it explores the general principles of the law of remedies.

This casebook 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 between public and private law and teaches and critiques the basics of economic analysis as applied to remedies issues.

This is the authoritative book, viewed as the leading book in the field. It’s often quoted by courts as the leading work describing concepts in the field. It doesn’t just give a list of remedies: it gives a conceptual framework for evaluating remedies and teaches students the value of choices they can make as lawyers to advocate for the best remedies for their client.

New to the Sixth Edition:
● Extensive integration of relevant material from the new Restatement (Third) of Torts: Remedies in chapters on compensatory damages, punitive damages, injunctions, and remedial defenses (The casebook authors are the Reporters on this Restatement project)
● All notes reviewed and updated as appropriate
● Reorganized and expanded material on damages that cannot be measured in a market, including dignitary harm, and the relationship of dignitary harm to emotional distress, constitutional harm, and other types of damages
● Updated and extensive treatment of the Supreme Court’s treatment of emergency relief and the standards for granting stays and injunctions pending appeal
● New principal cases on injunctions bonds (NCAA from the Third Circuit), the federal right to a jury trial (Jarkesy from the Supreme Court), and the three types of contempt (Town of West Lakeland from a Minnesota appeals court)
● Updated notes on lodestar calculations for attorneys’ fees and new Supreme Court cases on calculation of costs
● Expanded material in compensatory damage chapter on use of race and sex data for computing lost earnings and life expectancy, and on discounted medical billing, wrongful life, wrongful birth, and wrongful pregnancy cases
● Extensive new material on the controversy about qualified immunity for police officers and other government officials and employees
● Revised material on mistaken payments in restitution following Banque Worms, with attention to Citibank’s billion-dollar mistaken payment
● Updated consideration of cy pres and fluid class remedies

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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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.

Product Information
Edition
Sixth Edition
Publication date
2025-06-06
Copyright Year
2025
Pages
1150
Connected eBook + Hardcover
9798886142303
Connected eBook (Digital Only)
9798889063544
Subject
Remedies
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