The Death of the Irreparable Injury Rule PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Death of the Irreparable Injury Rule PDF full book. Access full book title The Death of the Irreparable Injury Rule by Douglas Laycock. Download full books in PDF and EPUB format.
Author: Douglas Laycock Publisher: Oxford University Press ISBN: 0195362519 Category : Law Languages : en Pages : 375
Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author: Douglas Laycock Publisher: Oxford University Press ISBN: 0195362519 Category : Law Languages : en Pages : 375
Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author: Douglas Laycock Publisher: Oxford University Press, USA ISBN: 0195063562 Category : Equitable remedies Languages : en Pages : 375
Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author: Richard L. Hasen Publisher: Wolters Kluwer ISBN: 0735584613 Category : Law Languages : en Pages : 472
Book Description
Examples & Explanations: Remedies will be a new student favorite with its tried-and-true E&E format. This problem-oriented guide is designed and organized to complement any major remedies casebook and build student comprehension in a carefully constructed, step-by-step approach. It explains remedies, policies and rules, and uses examples to show how lawyers and judges apply the rules to formulate concrete solutions to disputes. Offering a logical and guided format, this valuable supplemental source for your students: covers the areas included in most remedies courses, including damages, injunctions, and restitution, as well as other important topics such as declaratory judgments, punitive damages, and remedial defenses; builds student understanding step-by-step, moving from the basics to the more complex and allowing students to apply the law to particular fact patterns; allows students to study chapters in any order; demystifies the language of remedies using straightforward and student-friendly examples, charts, and illustrations; shows students how to "do the math" related to issues such as computing compensatory damages, present value, and constructive trusts; offers compatibility with all major remedies books, including those that approach remedies through public law and those that approach it through private law; remains the only book in the field to provide both black letter law and examples and answers to build student knowledge; the level of complexity builds as examples continue in each chapter; discusses major remedies cases ( Hadley v. Baxendale ; State Farm v. Campbell ; Sullivan v. O'Connor ), provides detailed coverage of the draft Restatement (Third) of Restitution, and gives detailed analyses of remedies issues under Article 2 of the Uniform Commercial Code
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: John Oberdiek Publisher: ISBN: 0198701381 Category : Law Languages : en Pages : 464
Book Description
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author: Douglas Laycock Publisher: Aspen Publishing ISBN: 1543805477 Category : Law Languages : en Pages : 1797
Book Description
Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Court’s June 2018 decisions, including litigation surrounding President Trump’s travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohen’s business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns
Author: Eva R. Rieter Publisher: ISBN: Category : Law Languages : en Pages : 1282
Book Description
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet this book analyses their (best) practices and obstacles, determines the underlying rationale for their use of provisional measures and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity on what belongs to the core of the concept, and on what does not belong to the concept at all, enhances the persuasive force of provisional measures. The practices of the international adjudicators made accessible in this book may prove useful in the ongoing cross-fertilization occurring among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs as well as international institutions to address more effectively urgent human rights cases. About this book: 'Rieter's book is a very worthwhile and sorely needed reference. Overall, the book provides a comprehensive and organized explanation of provisional measures and the bodies that may issue them. Its most important contribution is found in the middle chapters addressing the various situations and kinds of harm previously addressed by human rights tribunals when granting provisional measures, although the practical suggestions to human rights tribunals are also surely welcome. Researchers, human rights defenders and the tribunals themselves will find much in Rieter's volume to strengthen and enrich their work. Ideally, the information it contains will contribute not only to better understanding of provisional measures, but also to coherence in, and progressive development of, this area of the law.' X on internationalhumanrightslaw.org (2010))
Author: Richard L. Hasen Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 541
Book Description
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.
Author: Douglas Laycock
Author: Douglas Laycock
Author: Douglas Laycock
Author: Richard L. Hasen
Author: American Bar Association. House of Delegates
Author: John Oberdiek
Author: Douglas Laycock
Author: Eva R. Rieter
Author: Richard L. Hasen
Author: California (State).
Author: Thomas E. Patterson