Modern American Remedies

Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Court’s June 2018 decisions, including litigation surrounding President Trump’s travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohen’s business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns Teaching materials include: Cases and notes from previous editions omitted from the 5th Edition available online Annual Professor’s Update or Supplement Excellent Teacher’s Manual (as PDF or Word files), including: Introduction Transition Guide Designing the Remedies Course Introduction, daily teaching units, suggested assignment sheets Sample Syllabi for a 1, 2, 3, 4, or 5 hour course Suggestions for teaching the cases (all units, all chapters) Wrapping Up: An Overview Lecture

Modern American Remedies: Cases and Materials, Fourth Edition, 2018 Supplement

Modern American Remedies: Cases and Materials Concise Fifth Edition

the 2007 Supplement to Modern American Remedies is current through June 30, 2007. it summarizes interesting or important developments in the cases and in the academic literature, and it includes all remedies decisions of the United States Supreme Court. New principal cases discussed : Philip Morris v. Williams on the newest constitutional restrictions on punitive damages eBay v. MercExchange on the standard for issuing permanent injunctions Substantial excerpts from State Farm v. Campbell, also on constitutional restrictions on punitive damages S ubstantial notes on other new cases, including Dura Pharmaceuticals v. Broudo, On damages for fraud Ayotte v. Planned Parenthood, On scope of injunctions against statutes that are unconstitutional in some applications Frew v. Hawkins, On enforcement of consent decrees O Centro Espirita Beneficente Uniao Do Vegetal v. Ashcroft, On the status quo rule in preliminary injunctions Medimmune v. Genentech, On declaratory judgments in patent licensing disputes Engle v. Liggett Group and in re the Exxon Valdez, On class actions for punitive damage The latest contempt hearing in Evans v. Jeff D Ledbetter v. Goodyear Tire & Rubber, On continuing violations and pay discrimination Wilkie v. Robbins, On new and more restrictive limits to Bivens claim Substantial notes on remedies for 9/11 victims the new remedies sections of the Restatement (Third) of Restitution and Unjust Enrichment

Analyzes and critiques how sleep and sleep disorders are understood and treated.

"Traditional Chinese medicine has been practiced in various forms for more than a thousand years. Practitioners may heal patients with herbal remedies, acupuncture, massage, exercise, and modified diets. Even today, herbal medicines are of particular importance; Chinese pharmacies containing a vast array of remedies can be found in cities and towns the world over. This book is an interdisciplinary and cultural history of the concept of "pharmacy," both the drugs themselves and the trade in medicine, during the Ming and Qing dynasties of early modern China. This was a time of change for traditional Chinese medicine and for Chinese science as a whole. Many historians have argued that sixteenth-century China was a high point of scientific inquiry, followed by a period of intellectual decline. Though political and intellectual shifts led to a crisis of authority over pharmaceutical knowledge in the sixteenth through eighteenth centuries, Bian argues that this period of supposed intellectual decline was in fact characterized by numerous efforts to further refine and spread the pharmacological knowledge amassed in the Ming dynasty. She draws on a wide range of primary sources, but particularly through the study of bencao (pronounced "pen ts'ao"), a genre of encyclopaedic works, often called matteria medica or pharmacopoeia in the West, that collect information on medicinal substances. As the early modern Chinese Empire expanded and print culture became more widespread, the pursuit of medical remedies became a significant commercial enterprise. The author connects theory and practice of pharmacy during the Ming and Qing dynasties to broader developments in intellectual history, book culture, commerce, and taxation"--

Compound Remedies examines the equipment, books, and remedies of colonial Mexico City’s Herrera pharmacy—natural substances with known healing powers that formed part of the basis for modern-day healing traditions and home remedies in Mexico. Paula S. De Vos traces the evolution of the Galenic pharmaceutical tradition from its foundations in ancient Greece to the physician-philosophers of medieval Islamic empires and the Latin West and eventually through the Spanish Empire to Mexico, offering a global history of the transmission of these materials, knowledges, and techniques. Her detailed inventory of the Herrera pharmacy reveals the many layers of this tradition and how it developed over centuries, providing new perspectives and insight into the development of Western science and medicine: its varied origins, its engagement with and inclusion of multiple knowledge traditions, the ways in which these traditions moved and circulated in relation to imperialism, and its long-term continuities and dramatic transformations. De Vos ultimately reveals the great significance of pharmacy, and of artisanal pursuits more generally, as a cornerstone of ancient, medieval, and early modern epistemologies and philosophies of nature.

"The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the Law of Remedies; however this has been done while preserving the extensive content of the information provided by the book. The book has also been augmented with more examples to help convey understanding of the legal points made. As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, for example, what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies, for example, an injunction to abate a nuisance or restitution to redress a trespass. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law"--

A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Key Features A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm’s treatment of the economic harm rule A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets A new discussion of emotional distress damages for breach of contract A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders) A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution A new section on opportunistic breach of contract in Restitution, including the Supreme Court’s recent endorsement of the section in a 2015 case A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question