Remedies - syllabus/reading assignments

Syllabus / class schedule/ reading assignments

Remedies Fall 2017
Tuesdays and Thursdays 7:55 - 9:20 PM
(except Tuesday, October 10, and Thanksgiving Day)

Prof. George Conk
Senior Fellow, Stein Center for Law & Ethics
Rm 8-122
gcconk@law.fordham.edu

All page references are to:
Weaver, et al.  Remedies -  Cases, Practical Problems, and Exercises
Fourth  Edition (West Academic) 
 ISBN:  978-1-63460-445-1

Learning objectives (Dropbox)

I hope to keep  to the schedule below.  I have left the last class open in order to create some flex in the schedule.

There are two pages on my blog Torts Today dealing with course requirements.
The first is Policies - which has the grading options (take-home exam, term paper, UCWR), etc.  The second is this page with the proposed schedule, reading assignments, etc.

 If you are on call: please present the issues in the case as a defender of the majority.  If you are assigned a dissent - defend it.  If you are assigned to present other materials - take the same approach.  I may assign another to be devil’s advocate.

All should be prepared to discuss the Hypo’s as designated below.

Slides: may be posted  on my Torts Today blog.  They are not an outline.  They contain points I want to highlight, discussion questions, etc.  I will often update them as late as minutes before class as I am preparing for class.

Laptops: YES. You will need them to access the electronic version of the casebook, slides, and other materials on the internet.

Page references to: Weaver, et al., REMEDIES, 4th edition (West Academic)
ISBN978-1-63460-445-1

Class 1 Overview and Equitable Remedies
pages 1 - 37, Hypo 2.8 Jewelry
Historical background, equity in the U.S., Equitable remedies today: Standards - conscience, in personam, inadequacy of remedy at law/irreparable harm, discretionary nature of equitable relief

Class 2 Ch. 2 -Equitable Defenses
pages 38-86
Unclean hands (Hypo 2.19 Illegal Aliens and Backpay); unconscionability, laches, estoppel (Hypo 2.29 Estoppel and Immigration)

Class 3 Ch. 2 Trial by Jury
pages 87 - 108
Why have jury trials been in decline?  Should mandatory arbitration clauses in shrink wrap contracts be barred?

Chapter 3 Enforcement of Equitable Decrees
page 109-144
Civil v. criminal contempt

Class 4 Ch. 3 Enforcement continued
pages 144-165
Civil compensatory contempt, procedural requirements, ,  Hypos 3.16 Contempt and self representation, Hypo 3.7 More on Mayberry

Class 5 Ch. 3 The duty to obey: collateral challenges
pages 172-193, 194 -196

U.S. v. United Mine Workers, Walker v. Birmingham (see materials on ML King to be supplied)

Class 6 Ch. 4 Injunctions and Declaratory Judgments
pages 197-242, Hypo 4.21 The Hazardous Waste Incinerator

Overview -   injunctive and declaratory relief, standards for declaratory relief, standards for injunctive relief - preliminary relief, mandatory and prohibitive relief

Class 7 Ch. 4 Injunctions and Declaratory Judgments
pages 244-280
Hearing requirement, persons bound, notice requirement

Class 8 Ch. 4 Injunctions and Declaratory Judgments
pages 280-329

Bond requirement and damages for wrongfully issued injunctions; Permanent injunctions; framing the injunction

Class 9 Ch. 4 Injunctions and Declaratory Judgments
pages 329-375

Experimental and conditional injunctions; decrees affecting third parties; appeals of injunction rulings; Modification of permanent injunctions

Class 10 Ch. 4 Injunctions and Declaratory Judgments
pages 375-411, 420 - 428, Hypos 4.80, 4.81 - NYC Racial Profiling

Classes 11, 12, 13,14 Structural injunctions: Public School Integration

See Public school integration page  for reading and background
Brown v. Board of Education #2; U.S. v. Jefferson County, Swann v. Charlotte Mecklenberg, Milliken v. Bradley (Detroit); Missouri v. Jenkins (Kansas City - casebook 411-419); Parents Involved v. Seattle

Class 15 Ch. 5 Restitution
pages 459-488, Hypos 5.19, 5.20, 5.21
General principles, defenses, measuring the enrichment,

Class 16 Ch. 5 Restitution - special restitutionary remedies
pages 490 - 547
Constructive trusts, equitable liens, priority over other creditors, circumventing debtor exemptions, subrogation

Class 17 - Ch. 6 Damage Remedies
pages 549-611, Hypo 6.1 Casey’s inhaler; General damage principles - the basic measure of damages- make whole; fair market value; contract price; Property Damage applying market measures, losses beyond the value of the thing lost - consequential damages

Class 18 - Ch. 6 Damage Remedies
pages 612-672

Limits of market measures
Subjective value, pain, suffering, distress, and loss of joy

Class 19 Damage Remedies
pages 672-720
Indignity and intangible losses, wrongful death, loss of consortium

Class 20 Limitations on Recovery
pages 720-765, Hypos 6.55, , 6.5, 6.57, 6.58, 6.59, 6.60
Causation, foreseeability, certainty avoidable consequences and related doctrines, collateral source rule

Class 21 - Mass tort settlement - ASR DuPuy Hip Implants

Class 22 - Class Action settlement - “economic loss rule” - BP Gulf Oil Spill
Deepwater Horizon Court-supervised settlement.

Class 23 Avoidable consequences public policy
pages 765-803
Avoidable consequences doctrine, Public Policy

Class 24 Punitive Damages
pages 836-894

Class 25 Attorneys fees
pages 894-921

Class 26 - catchup, etc.

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