As of 4/16/2014 5:53:42 AM
This is a survey course on litigation after the liability determination -- everything a court can do for a claimant who has been wronged. We will survey the principal remedies: compensatory damages; preventive, reparative and structural injunctions; declaratory remedies; restitution; punitive damages; and the means of enforcing judgments. We will constantly ask what the plaintiff can get, why he can get that, why he can't get more, and which remedy is best for him. Intermittently, we will ask whether theories of corrective justice or economic efficiency better explain the remedies available to plaintiff.
The material on damages builds on what you learned about damages in Torts and Contracts; part of that material is review. The other remedies will be less familiar. Courts may order defendants to do or refrain from specific conduct. Courts say simply declare the rights of the parties. Plaintiffs may recover defendants' profits from a wrongful act, even if those profits exceed the amount of plaintiffs' loss.
The remedy is usually the client's real interest in litigation, and often the source of the lawyer's pay as well. Clients tend not to be interested in abstract determinations of liability. Thus, Remedies is an intensely practical course. It is also an excellent course for integrating insights from disparate parts of the curriculum and for testing theories of what law is all about.