Restatement of the Law Third, Torts: Remedies | Council Draft No. 2

The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...

The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...

History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...

“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...

Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...

Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...

This project is part of ALI’s ongoing revision of the Restatement Second of Torts. The Restatement Second recognized compensatory damages, injunctions...

An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...

At its meeting on January 19 and 20, 2023 the Council approved Council Draft No. 2, containing §§ 5, 11, and 12 of Topic 1, General Rules for...

This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...

Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford...

Federal courts are often asked to issue various forms of expedited relief, including stays pending appeal. This Article explores a little examined...

Tentative Draft No. 1 contains § 1, The Right to a Remedy, and Sections from Topic 1, General Rules for Measuring Compensatory Damages, of Chapter 1...

Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies...