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Modern American Remedies: Cases and Materials, Sixth Edition

Authors
  • Douglas Laycock
  • Richard L. Hasen
Series / Aspen Casebook Series
Description
Table of contents
Preface

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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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Table of Contents
SUMMARY OF CONTENTS

Contents
Preface to the Sixth Edition
Acknowledgments


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
Ancillary Remedies: Enforcing the Judgment
CHAPTER 10
More Ancillary Remedies: Attorneys’ Fees and the Costs of Litigation
CHAPTER 11
Remedial Defenses
CHAPTER 12
Fluid-Class and Cy Pres Remedies

Appendix Present Value Tables
Table of Cases
Table of Statutes, Rules, Constitutions, Treaties, Restatements, and More
Table of Secondary Authorities
Index


 
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Professor Materials
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Student Materials:
2025 Supplement
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
Sixth Edition
Publication date
2025-06-04
Copyright Year
2025
Pages
1088
Connected eBook + Hardcover
9798886142303
Connected eBook (Digital Only)
9798889063544
LLPOD
9798894107554
Audiobook
9798899630804
eBook + Audiobook
9798899632532
Subject
Remedies
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