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Modern American Remedies: Cases and Materials, Fifth Edition

  • Douglas Laycock
  • Richard L. Hasen
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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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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About the authors
Douglas Laycock
University of Virginia

Douglas Laycock is Robert E. Scott Distinguished Professor at the University of Virginia School of Law. He is one of the nation's leading authorities on the law of remedies and also on the law of religious liberty. Before joining Virginia's faculty in 2010, Laycock served as the Yale Kamisar Collegiate Professor of Law at the University of Michigan Law School. Prior to that he taught for 25 years at the University of Texas and for five years at the University of Chicago. Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court. He is the author of the leading casebook Modern American Remedies; the award-winning monograph The Death of the Irreparable Injury Rule; and many articles in the leading law reviews. He has co-edited a collection of essays, Same-Sex Marriage and Religious Liberty, and he recently published Religious Liberty, Volume I: Overviews and History, the first of a four-volume collection of his many writings on religious liberty. He is vice president of the American Law Institute, a fellow of the American Academy of Arts and Sciences, and the 2009 winner of the National First Freedom Award from the Council on America's First Freedom.

Richard L. Hasen
UCLA School of Law

div 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 NewsMSNBC 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, emElection Law Journalem. He is the author of over 100 articles on election law issues, published in numerous journals including the emHarvard Law Reviewem, emStanford Law Reviewem, and emSupreme Court Reviewem. 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 emThe National Law Journalem in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the emLos Angelesem and emSan Francisco Daily Journalem. 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 emABA Journalem named to its “Blawg 100 Hall of Fame” in 2015. The emGreen Bagem recognized his 2018 book, emThe Justice of Contradictions: Antonin Scalia and the Politics of Disruptionem, for exemplary legal writing, and his 2016 book, emPlutocrats Unitedem, received a Scribes Book Award Honorable Mention. His most recent book, emCheap Speech: How Disinformation Poisons Our Politics—and How to Cure Item, published in March 2022 by Yale University Press, 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.  div

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Fifth Edition
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