Cases & Materials

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 & 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.