Modern American Remedies Cases and Materials - 6th Edition - Douglas Laycock

Modern American Remedies Cases and Materials 6th Edition ISBN 9798886142303

This leading casebook—authored by two of the nation’s foremost experts on Remedies—offers a pragmatic, conceptually rigorous approach to judicial relief. Modern American Remedies, Sixth Edition transcends traditional subject boundaries by organizing remedies into a coherent framework that cuts across substantive areas of law.

Widely cited by courts and highly respected in both academia and practice, this text is more than a compilation of remedy types. It provides students with a deep understanding of the principles behind judicial relief and helps them learn how to advocate effectively for the best remedies for their clients.

Why This Book Stands Out

• Authoritative and Trusted: Often quoted by courts, this is the definitive book in the field of Remedies.
• Conceptual Clarity: Rather than listing remedies, the text builds a logical, cohesive structure that helps students evaluate options and understand the consequences of their advocacy choices.
• Balanced and Comprehensive: Covers both public and private law, with well-edited, teachable cases and in-depth, scholarly notes.
• Economic Analysis: Introduces and critiques the economic analysis of remedies where relevant.

New to the Sixth Edition

• Extensive integration of the Restatement (Third) of Torts: Remedies, co-authored by Laycock and Hasen, particularly in the chapters on compensatory damages, punitive damages, injunctions, and remedial defenses.
• Updated and reorganized treatment of damages, especially where market valuation is difficult (e.g., dignitary harm, emotional distress, constitutional violations).
• Expanded discussion of emergency relief, including updated coverage of Supreme Court rulings on stays and injunctions pending appeal.
• New principal cases, including:
  • NCAA (injunction bonds, Third Circuit),
  • Jarkesy (jury trial right, U.S. Supreme Court),
  • Town of West Lakeland (three types of contempt, Minnesota appeals court).
• Revised notes on:
  • Lodestar calculations for attorneys' fees,
  • Supreme Court decisions on the calculation of litigation costs.
• Enhanced compensatory damages content, including:
  • Use of race and gender data in damages calculation,
  • Discounted medical billing,
  • Wrongful life, wrongful birth, and wrongful pregnancy.
• In-depth treatment of qualified immunity, exploring its application to law enforcement and government officials.
• Updated restitution section, revisiting mistaken payments post-Banque Worms, including Citibank’s billion-dollar payment error.
• Revised analysis of class action remedies, including cy pres and fluid recovery mechanisms.

Features That Benefit Professors and Students Alike

• Clear conceptual structure, organized by remedy types (e.g., damages, injunctions, restitution) and designed in manageable, logically sequenced teaching units.
• Memorable case selection, edited for clarity and supported by rich, explanatory notes that promote classroom discussion.
• Integration of law and economics, with critical perspectives to help students think deeply about remedies in context.
• Versatility and depth, providing ample material for in-class analysis, policy discussion, and application to diverse legal problems.

Modern American Remedies Cases and Materials Sixth Edition ISBN 9798886142303 & 979-8886142303