Remedies : Public and Private

, by Schoenbrod, David

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ISBN: 9780314250766 | 031425076X
Cover: Hardcover
Copyright: 4/1/2002

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Supplemental Materials

Preface to the Third Edition

Preface to the First Edition

vii

Acknowledgments

Table of Cases

xxvii

Introduction to the Law of Remedies

(33)

The Choice of a Remedy

(8)

``Where There's a Right, There's a Remedy''?

(25)

The Nature, Availability, and Scope of Injunctions

(152)

The Nature of an Injunction

(4)

Plaintiff s Rightful Position as the Measure of an Injunction

(19)

The Prerequisites for Injunctive Relief

(39)

Granting Less or More Than Plaintiff's Rightful Position

(86)

Specific Remedies Other Than Injunctions

182

(4)

Procedures for Formulating, Administering, and Enforcing the Injunction

186

(218)

Obtaining Preliminary Injunctive Relief

186

(16)

Formulating and Administering the Injunction

202

(85)

Enforcement of the Decree

287

(117)

Declaratory Judgment

404

(29)

Criminal and Civil Sanctions

433

(111)

Distinguishing Criminal and Civil Sanctions

433

(21)

Proportionality in Sentencing

454

(24)

Punitive Damages

478

(37)

Civil Economic Sanctions

515

(9)

Forfeiture

524

(20)

Damages

544

(178)

Introduction

544

(17)

The Basic Issues

561

(10)

An Overview of Tort Damages

571

(105)

An Overview of Contract Damages

676

(46)

Restitution and Restitutionary Remedies

722

(69)

Introduction

722

(6)

Restitution and Unsolicited Benefits

728

(8)

Restitution and Wrongfully Acquired Benefits

736

(9)

Restitution and Solicited Benefits

745

(17)

Equitable Restitutionary Remedies

762

(29)

Collection of Monetary Judgments

791

(60)

Provisional Relief

791

(31)

Post-Judgment Relief

822

(29)

Conduct of the Plaintiff: Bars to Obtaining Relief

851

(48)

Unclean Hands and In Pari Delicto

853

(17)

Estoppel

870

(10)

Laches and Statutes of Limitations

880

(19)

Attorneys' Fees

899

(65)

The Power of the Court to Award Attorneys' Fees

900

(11)

The Parties That Congress Has Made Eligible for Attorneys' Fees

911

(19)

The Measure of the Fees

930

(17)

Conflicts of Interest

947

(17)

Appendix. Selected Federal Rules of Civil Procedure

964

(15)

Index

979

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Remedies : Public and Private

Table of Contents

Supplemental Materials

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Remedies : Public and Private

Table of Contents

Supplemental Materials

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