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The remedy is arguably the most important part of any lawsuit, and often the most neglected. The course considers the question of what plaintiffs are entitled to when they win the case and why. The basic concepts, rules, and relative roles and availability of the major remedies – compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages – will be examined. In addition, the course will cover the practical and strategic aspects of seeking and resisting these forms of relief. While the course is strongly recommended for students who plan to litigate, students who seek careers with in house counsel or that involve areas like business transaction, knowledge gained in the course will be valuable. Finally, we will examine how remedies (or the potential of remedies) affects public policy.
Textbooks and Other Materials
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Candace S. Kovacic-Fleischer, Jean C. Love, and Grant S. Nelson, Equitable Remedies, Restitution and Damages, (8th ed. 2011)
First Class Readings
Historical background on common law and equity p. 1-12
Temporary Restraining Orders and Preliminary Injunctions p. 13-22; 52-67
State of Washington v. Donald J. Trump, 847 F. 3d 1151(9th Cir. Feb. 9, 2017)
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