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The “remedy” is arguably the most important part of any lawsuit, and often the most neglected area during law studies. The course considers the basic question of what plaintiffs are entitled to when they win their case and why. Additionally, we focus on defenses and doctrines that could mitigate a victory. We will focus on many concepts and doctrines including but not limited to: compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages. In addition, the course will cover the practical and strategic aspect of seeking as well as resisting these forms of relief. While the course is strongly recommended for students who plan to litigate, students who seek careers as in house counsel or a practice that is mainly transactional, this course is still valuable. We will also study how certain remedies affect and even dictate public policy.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Candace S. Kovacic-Fleisher, Jean C. Love, and Grant S. Nelson, Equitable Remedies, Restitution and Damages, (8th ed. 2011).
First Class Readings
Course Overview; Historical background re: law and equity – p. 1-12.
Temporary Restraining Orders and Preliminary Injunctions p.13-22; 52-67
State of Washington v. Donald Trump, 847 F.3d 1151 (9th Cir. Feb. 9, 2017).
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