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Remedies

When a court decides a case, it must answer two basic questions. The first, familiar from most law school courses, is which party should "win." However, what that "victory" actually amounts to depends upon a crucial second question: What will (or should) a court order to vindicate the winning party's rights? In practice the question of exactly what a winning party will receive matters to litigants at least as much as the question of who will win does, and determining what remedy is appropriate in a given case often involves challenging theoretical issues. This course will examine the main remedies available to courts and litigants, in both law and equity, and how courts choose among them. Topics will include damages, injunctions, restitution, and declaratory remedies.

Grading and Method of Evaluation:
Letter grade with pass/fail option. A final exam is required.