Remedies

The course surveys principal remedies in law and equity:  injunctions, equitable defenses, and enforcement of equitable decrees (civil and criminal contempt);  restitution - unjust enrichment, constructive trusts, equitable liens and subrogation; declaratory judgments;  damages in contract and tort and limitations on recovery such as avoidable consequences, causation, foreseeability, and certainty, agreed remedies such as liquidated damages; awards of attorneys fees.

The equitable remedies segment focuses on the history of courts efforts to desegregate public schools beginning in 1954 with Brown v. Board of Education which compelled states to proceed with “all deliberate speed” through Parents Involved v. Seattle (2007) which barred voluntary school integration plans except as a remedy for past conscious racial discrimination.

The segment on compensatory damages examines mass tort actions such as the BP Gulf oil spill and the claims by workers at the World Trade Center disaster site.

                                                                                 

Required casebook: Weaver, Partlett, Lively, and Kelly; Remedies, Cases, Practical; Problems, and Exercises; West Publishing Co.

Credits: 3

Type: SEM