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Remedies


Law 405

3

Upper-Level

None

No

Yes

Brown section Fall semester 2013: A highly practical course designed to teach students how to make wise strategic choices so that they can use the law effectively to represent their clients. What remedies to seek and how to frame the issues most effectively are recurrent themes of the course, entailing an examination of the interplay of remedy and substantive law upon each other. Providing an overview of much of the curriculum, this is a great bar prep course. Part of its value lies in the coverage of equity, which has generated some notable recent supreme Court opinions and has been heavily tested recently. Equity and equitable remedies such as specific performance, injunction, and constructive trust are explored, and relevant jurisdictional issues are addressed. Restitution is a second major emphasis, both as to substantive and remedial aspects, with coverage of legal and equitable restitution. An overview of damages highlights goals and basic premises of that more familiar remedy. The discussion of elements and alternative measures of monetary recovery makes an effective review of the first year and also introduces new material. A number of limiting theories and doctrines provide tools needed by an attorney to avoid or limit recovery.

Burk section Spring semester 2014: This course explores what litigants can (and can't) get if they win, with an emphasis on strategic and practical choices in practice.  It is strongly recommended for any student considering a career that involves civil litigation. The interplay between available remedies and the substantive and procedural law governing the claim and its adjudication makes this an excellent bar review course as well. Subjects will include types and measures of damages available under different areas of substantive law, equity jurisdiction and equitable remedies such a specific performance, injunction and constructive trust; and restitution and restitutionary remedies.


Remedies draws upon the rest of the curriculum, making it a good choice before taking the bar exam and beginning practice.


None


C. Brown, B. Burk

Fall, Spring
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