Modern American Remedies

Book excerpt: This classroom-tested casebook provides a thorough and accessible examination of the overarching policy themes and principles behind remedies law. Modern American Remedies: Cases and Materials, Fourth Edition, doesn t hide the ball students are given the information they need to participate in classroom discussions that will broaden their understanding. Among the features that make this text a success: A strong and logical organization based on remedies categories and concepts, with daily teaching units of roughly equal length, each exploring a central theme. A balanced presentation of public and private law. Explanations of basic law and economics that provide necessary background without dominating the primary themes of the book. Memorable cases and well written notes. An excellent Teacher s Manual that includes daily teaching units, suggested assignment sheets for a variety of courses from one hour to five hours, and suggestions for teaching the cases. The carefully edited Fourth Edition features: New cases, including: o In re September 11th Litigation (S.D.N.Y. 2008) (on the measure of damages for the destruction of the World Trade Center) o In re Trans World Airlines (2d Cir. 1998) (on liquidated damages) o Oden v. Chemung County Industrial Development Agency (N.Y. 1995) (on modern statutes modifying the collateral source rule) o Arbino v. Johnson and& Johnson (Ohio 2007) (on the constitutionality of damage caps) o Whitlock v. Hilander Foods (Ill. App. 1999) (on undue hardship) o Almurbati v. Bush (D.D.C. 2005) (on the ripeness of perceived threats to transfer Guantanamo prisoners to countries where they would be tortured) o Pepsico v Redmond (7th Cir. 1995) (on prophylactic injunctions) o Horne v. Flores (U.S. 2009) (on modification of injunctions) o eBay v. MercExchange LLC (U.S. 2006) (on the prerequisites to an injunction, or on undue hardship, depending on the point of view) o Winter v. Natural Resources Defense Council (U.S. 2008) (on preliminary injunctions) o Exxon Shipping Co. v. Baker (U.S. 2008) (on the federal common law standard for measuring punitive damages) o Philip Morris USA v. Williams (U.S. 2007) (on the constitutional limits on punitive damages) o Van de Kamp v. Goldstein (U.S. 2009) (on prosecutorial immunity) o And more in later chapters Substantial reworking of Chapter 8, on restitution, in light of the Restatement (Third) of Restitution and Unjust EnrichmentA thorough updating of Notes throughout and of the Teacher s Manual Modern American Remedies: Cases and Materials, Fourth Edition, offers students a clear, logical approach to the study of Remedies while offering instructors a flexible approach to teaching it.