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 andamp; 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
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.