This course is a survey of the law of remedies. It considers the central remedies of modern American law, including various forms of damages, injunctions, restitution, and declaratory judgments. These remedies are considered in both private law and public law settings.
This course emphasizes the law, history, theory, and policy of remedies. (For example, attention is given to the history of equity and to the policy arguments for and against liquidated damages.) Each of these lines of inquiry is important for legal practice, because good litigators need to know not only how and when to seek each remedy, but also how to skillfully persuade a judge or jury to grant remedies that are highly discretionary.
Please review faculty specific descriptions for additional details regarding each offering.