Advocacy and Dispute Resolution
243: Remedies: Problems and Practice
First-year law students learn that there is no right without a remedy and focus extensively on the scope and content of rights. This practical upper-level class focuses on the client’s crucial question: what remedy will he get? We will examine how attorneys determine the kinds of judicial relief available to a client, and how they devise strategies tailored to the client’s remedial objectives. Specifically, we will cover the determination and calculation of damages arising from various causes of action; equitable remedies including injunction, specific performance and constructive trust; and restitution. While the content and teaching method of the course are highly pragmatic, Remedies is often considered a “capstone” subject because students revisit and synthesize the relationship among private law doctrines such as tort and contract and consider from a global policy perspective the purposes that law can and does serve on behalf of individuals and groups.
The course will be taught via the problem method. Although we will read cases and learn abstract rules, we will advance and apply these concepts each week by working through a set of client problems to generate a menu of remedial options and a vocabulary for counseling clients. Students will be evaluated primarily based on their preparation of problems for in-class discussion, with a take-home final exam to determine 30 percent of the ultimate grade.