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

Restatement of the Law Third, Torts: Remedies | Preliminary Draft No. 3

Douglas Laycock

Richard L. Hasen

American Law Institute

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

Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law

John C. Harrison

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

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

Douglas Laycock

Richard L. Hasen

American Law Institute

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...

Covid, Contracts, and Colleges

John K. Setear

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

A Modern Poor Debtor's Oath

Rich Hynes

Nathaniel Pattison

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

Administrative Stays: Power and Procedure

Rachel Bayefsky

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

Restatement of the Law Third, Torts: Remedies - Tentative Draft No. 1

Douglas Laycock

Richard L. Hasen

American Law Institute

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...

Judicial Remedies and Structural Constitutional Violations

Rachel Bayefsky

Professor Aziz Huq’s The Collapse of Constitutional Remedies provides a terrific 360-degree tour of the federal courts’ treatment of judicial remedies...

Remedies and Respect: Rethinking the Role of Federal Judicial Relief

Rachel Bayefsky

Plaintiffs bringing civil lawsuits often express sentiments like “I just wanted the defendants to admit they were wrong” and “we’re worth something...

A New Compact for Sexual Privacy

Danielle K. Citron

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

Trade Secret Law: Cases and Materials

Elizabeth A. Rowe

Sharon K. Sandeen

This is the third edition of the first casebook in the United States devoted exclusively to trade secret law. As with previous editions, it is...

Doug Rendleman and the Law of Remedies

Douglas Laycock

A tribute to Professor Doug Rendleman, who served on the faculty of the Washington and Lee University School of Law from 1988 to 2020. Rendleman...

Lipstick on a Pig: Specific Performance on the Ground

Theresa Arnold

G. Mitu Gulati

Amanda Dixon

...

The black letter law says that money damages are the preferred remedy for contract breach under US law. Specific performance is reserved for...

Damages as a Function of Fault: Willful Breach in M&A Contracts

G. Mitu Gulati

Theresa Arnold

Amanda Dixon

...

The traditional framework of U.S. private law that every first-year student learns is that contracts and torts are different realms: contracts is the...

The Myth of Optimal Expectation Damages

G. Mitu Gulati

Theresa Arnold

Amanda Dixon

...

A much-debated question in contract law scholarship is what the optimal measure of damages for breach should be. The casebook answer, drawing from the...