Law Commons^™

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Mark P. Gergen

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …

Causation In Disgorgement, Mark P. Gergen

Mark P. Gergen

The Restatement (Third) of Restitution and Unjust Enrichment offers scant guidance on how to determine wealth legally attributable to a wrong for purposes of disgorgement. The black letter admits defeat, stating, "[T]he court may apply such tests of causation and remoteness, . . . may recognize such credits or deductions, and may assign such evidentiary burdens, as reason and fairness dictate, consistent with the object of restitution . . . ."' The comments warn against resort to mechanical rules, including the familiar rule of but-for causation. They recommend merging the factual issue of causation with issues of policy and fairness …

Restitution As A Bridge Over Troubled Contractual Waters, Mark P. Gergen

Mark P. Gergen

No abstract provided.

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Poonam Puri

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Benjamin Geva

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Dan Priel

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.

The Justice In Unjust Enrichment, Dan Priel

Dan Priel

The question of what justice has to do with the law of unjust enrichment (if it has anything to do with it at all) has in recent years come to occupy scholars who have sought to explain the theoretical foundations of this area of law and its relationship with other branches of private law. A popular answer has been that the law of unjust enrichment, like the rest of private law, instantiates the politically neutral norms of corrective justice. In this article, I argue that this is not the case in two distinct senses. First, even on its own, corrective …

Remedies: A Guide For The Perplexed, Doug Rendleman

Doug Rendleman

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Doug Rendleman

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …

Restitution For Intangible Gains, Paul T. Wangerin

Paul Wangerin

No abstract provided.

Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin

Emily L Sherwin

The principle of unjust enrichment is susceptible to varying interpretations, which reflect importantly different conceptions of how courts should decide cases and develop law. The consequences of different possible interpretations of the unjust enrichment principle are nicely illustrated by a group of cases involving restitution claims between former cohabitants. Claims of this kind are endorsed by the new Restatement (Third) of Restitution and Unjust Enrichment (now in preparation). In recognizing these claims, the Restatement adopts an “equitable” interpretation of unjust enrichment for this category of cases, one that licenses courts to disregard rules and engage in particularistic decision-making. This is …

Reparations And Unjust Enrichment, Emily Sherwin

Emily L Sherwin

Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle for reparations claims based on slavery and similar large-scale historical injustices. The justifying principle behind restitution—prevention of unjust enrichment—lacks the moral force necessary to resolve a controversial public dispute about moral rights and obligations among segments of society. At its core, a claim to restitution is an attempt to right a wrong not by alleviating the adverse consequences to oneself, but by diminishing the position of others. In other words, the notion of unjust enrichment is a comparative idea that draws on resentment and the desire …

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Emily L Sherwin

No abstract provided.

Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin

Emily L Sherwin

No abstract provided.

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Emily L Sherwin

No abstract provided.

Ending Unreasonable Royalties: Why Nominal Damages Are Adequate To Compensate Patent Assertion Entities For Infringement, Daniel Harris Brean

Daniel Harris Brean