This class cuts across disciplines to examine the question of what courts do to remedy problems litigants bring to their attention. This class primarily examines how courts work to achieve goals of “corrective justice” while also emphasizing the instrumental impact of remedies; that is, how remedies can create incentives for future actors (and potential litigants). We look at both “private” remedies (tort, contract, etc.) as well as “public remedies” such as civil rights actions in which plaintiffs seek broad injunctive relief. Topics include: compensatory damages, injunctions, declaratory judgments, punitive damages, restitution, statutory remedies, and bars to relief. Student participation is expected in this course; student evaluation will be based on participation as well as midterm and final exams.
Updated: March 26, 2015