The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

The Death of the Irreparable Injury Rule

Literature & Fiction

Laycock, Douglas

History & Criticism

Oxford University Press

Teachers' Manual for Modern American Remedies

Little,Brown

MODERN AMERICAN REMEDIES CASES AND MATERIALS: 1993 SUPPLEMENT.

Rules & Procedures

Modern American Remedies: Cases and Materials

Panel Pub

This eagerly-awaited revision of &lt;b>Modern American Remedies&lt;/b> continues to examine the overarching policy themes and principles behind remedies law, with unmatched quality and effectiveness.&lt;p class=copymedium> The casebook retains the characteristics that made it the bestseller in the field: &lt;li class=copymedium> outstanding authorship by the widely respected teacher and scholar Douglas Laycock &lt;li class=copymedium> an effective analytical approach structured around general remedial principles; never presents remedies as a compendium of prescriptions for various substantive wrongs &lt;li class=copymedium> balanced coverage of both public and private law, emphasizing their remedial similarities as well as their differences &lt;li class=copymedium> doctrine, fairness, corrective justice, and economic efficiency as competing and often reinforcing approaches; keeps the economics accessible to all &lt;li class=copymedium> logical organization around the basic remedial choices &lt;li class=copymedium> effective cases-and-notes pedagogy, refined in each edition&lt;/ul> &lt;p class=copymedium>Be sure to notice these new and improved features of the Third Edition: &lt;li class=copymedium> completely updated notes and illustrations &lt;li class=copymedium> extensive new note material in areas of rapid development, such as governmental immunities and tort reform &lt;li class=copymedium> reorganized material on structural injunctions is both more concise and more current &lt;li class=copymedium> more focused material on restitution, incorporating major new scholarship &lt;li class=copymedium> major new cases: United States v. Virginia, Lewis v. Casey, and Missouri v. Jenkins, and a note on United States v. Microsoft, all on structural injunctions; Glendale Federal Savings v. United States, on the frontiers of restitution; BMW, Inc. v. Gore on punitive remedies; International Union, United Mine Workers v. Bagwell on contempt of court; Alexander v. Sandoval, on implied rights of action; FEC v. Akins,  on private initiation of administrative remedies&lt;/ul>

This eagerly-awaited revision of Modern American Remedies continues to examine the overarching policy themes and principles behind remedies law, with unmatched quality and effectiveness.
 The casebook retains the characteristics that made it the bestseller in the field: 
<li> outstanding authorship by the widely respected teacher and scholar Douglas Laycock </li>
<li> an effective analytical approach structured around general remedial principles; never presents remedies as a compendium of prescriptions for various substantive wrongs </li>
<li> balanced coverage of both public and private law, emphasizing their remedial similarities as well as their differences </li>
<li> doctrine, fairness, corrective justice, and economic efficiency as competing and often reinforcing approaches; keeps the economics accessible to all </li>
<li> logical organization around the basic remedial choices </li>
<li> effective cases-and-notes pedagogy, refined in each edition Be sure to notice these new and improved features of the Third Edition: 
</li>
<li> completely updated notes and illustrations </li>
<li> extensive new note material in areas of rapid development, such as governmental immunities and tort reform </li>
<li> reorganized material on structural injunctions is both more concise and more current </li>
<li> more focused material on restitution, incorporating major new scholarship </li>
<li> major new cases: United States v. Virginia, Lewis v. Casey, and Missouri v. Jenkins, and a note on United States v. Microsoft, all on structural injunctions; Glendale Federal Savings v. United States, on the frontiers of restitution; BMW, Inc. v. Gore on punitive remedies; International Union, United Mine Workers v. Bagwell on contempt of court; Alexander v. Sandoval, on implied rights of action; FEC v. Akins, on private initiation of administrative remedies</li>

Aspen Law & Business

Modern American Remedies 2006: Cases and Materials

ASPEN PUB.

Modern American Remedies 2007: Cases and 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: <ul>
<li> A strong and logical organization based on remedies categories and concepts, with daily teaching units of roughly equal length, each exploring a central theme. </li> <li> A balanced presentation of public and private law. </li> <li> Explanations of basic law and economics that provide necessary background without dominating the primary themes of the book. </li> <li> Memorable cases and well written notes. </li> <li> 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. </li> </ul>
 The carefully edited Fourth Edition features: <ul>
<li> 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 &amp; 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 view) 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 </li> </ul>
<ul>
<li> 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 </li> <li> 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. </li> </ul>

Modern American Remedies: Cases And Materials

Aspen Opco Llc

The Collected Works on Religious Liberty comprehensively collects the scholarship, advocacy, and explanatory writings of leading scholar and lawyer Douglas Laycock, illuminating every major religious liberty issue from both theoretical and practical perspectives. / This first volume gives the big picture of religious liberty in the United States. It fits a vast range of disparate disputes into a coherent pattern, from public school prayers to private school vouchers to regulation of churches and believers. Laycock clearly and carefully explains what the law is and argues for what the law should be. He also reviews the history of Western religious liberty from the American founding to Protestant-Catholic conflict in the nineteenth century, using this history to cast light on the meaning of our constitutional guarantees. / Collected Works on Religious Liberty is unique in the depth and range of its coverage. Laycock helpfully includes both scholarly articles and key legal documents, and unlike many legal scholars, explains them clearly and succinctly. All the while, he maintains a centrist perspective, presenting all sides ― believers and nonbelievers alike ― fairly.

Religious Liberty, Vol. 1: Overviews and History (Emory University Studies in Law and Religion)

History

World

Eerdmans

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