REMEDIES Spring Term Syllabus

Transcription

1 REMEDIES 2012 Spring Term Syllabus This is a course on Remedies. The text will be Laycock, Modern American Remedies (4 th ed. 2010), as well as Laycock s 2011 author s update (which will be handed out in class). For the first class, please read and be prepared to discuss pp of the main text and the accompanying pages in the update. Grades will be based primarily on a final examination, although I reserve the right to penalize students, up to one full letter grade, for failure to be prepared and/or to participate in class discussion. In addition to daily assignments, every student is required to submit a draft injunction for Meyer v. Brown & Root Construction Co., see pp of Laycock. The draft is due at or before the beginning of class on Wednesday, March , and drafting a satisfactory injunction is mandatory (in the sense that while the papers will be graded on a pass/fail basis failure to draft a passing paper will result in failure of the course). Daily reading assignments will be about 30 pages per class, though occasionally they will be a bit shorter or longer. As a general matter I will try to give specific page assignments on Wednesday evenings for the following week s two classes. I will attempt to follow the outline which follows, although I reserve the right to modify it as the term goes on. Daily attendance and active class participation are core requirements in this course. According to the catalogue, you are entitled to a total of five absences during the semester. However, those who take six cuts, regardless of their excuse (except in order to take a bona fide religious holiday), will not be allowed to take the final examination without the permission of the Dean's office. Office hours this term will be on Tuesdays and Wednesdays from 3:30 to 5:30 p.m. There will be a sign-up sheet on my door each week for you to use in scheduling appointments. Please leave your address and phone number so I can cancel if necessary. Richard Bourne Room 313 rbourne@ubalt.edu ;Tel

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3 REMEDIES OUTLINE Spring 2011 I. Introduction 1-10 II. Compensatory Damages A. The Basic Rule: Restoring Plaintiff to the Rightful Position B. Value as Measure of Rightful Position C. Reliance and Expectancy as Measures of R.P D. Consequential Damages E. Limits on the Basic Rule 1. Party Choice Avoidable Consequences, Offsetting Benefits and Collateral Source Proximate Cause Certainty F. Time and the Value of Money G. Damages Where Value Cannot Be Measured in Dollars III. Punitive Remedies 1. Personal Injuries & Wrongful Death Tort Reform Dignitary & Constitutional Harms A. Common Law and Statutory B. Constitutional Limits C. Punitive Damages in Contract

4 2 IV. Preventing Harm: The Measure of Injunctive Relief A. Preventing Wrongful Acts B. Preventing Wrongful Consequences C. Reparing the Consequences of Prior Wrongful Acts D. Correcting Complex Violations - The School Desegregation Cases E. Complex Violations - Other Examples F. Modifying Decrees G. Rights of Third Parties V. Choosing Remedies A. Substitutionary or Specific Relief 1. Irreplaceable Losses Undue Hardship & Burden on Court Substantive or Procedural Policies B. Preliminary Relief: Substantive Standard C. Preliminary Relief: Procedural Limitations D. Prospective or Retrospective Relief E. Suits Against Officers in Personal Capacities VI. Remedies and Separation of Powers A. Consented Suits Against the Government B. Suits Against Officers C. Implied Rights of Action D. Initiating Criminal and Administrative Remedies

5 3 VII. Declaratory Remedies A. Declaratory Judgments B. The Younger Rules C. Quiet Title, etc D. Reformation VIII. Restitution of Unjust Enrichment A. Innocent Unjust Enrichment B. Measuring the Benefit from the Innocent C. Discourging Profits of Conscious Wrongdoers D. Measuring Profits E. Breach of Contract F. Constructive Trusts & Insolvency G. Tracing Conventions H. Equitable Liens & Subrogation IX. Ancillary Remedies A. Enforcing the Judgment: Injunctions 1. Contempt The Collateral Bar Rule Rights of Third Parties Drafting Decrees B. Enforcing Money Judgments 1. Execution, Garnishment, etc

6 4 2. Coercive Collections Prejudgment Preservation of Assets C. Attorney s Fees X. Remedial Defenses A. Introduction B. Clean Hands C. Unconscionability D. Estoppel & Waiver E. Laches & Limitations XI. Fluid Class & Cy Pres Remedies