The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 27, No. 1, Fall

Damages in Tort Litigation: Thoughts on Race and Remedies, 1865-2007
I. INTRODUCTIONThis essay addresses a void in torts scholarship and pedagogy-the relationship between remedies and race in U.S. tort law. In virtually all torts scholarship and teaching, the unspoken assumptions are that race and racism are extrinsic...
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From Status to Contract and Back Again: Consent Decrees in Institutional Reform Litigation
I. INTRODUCTIONIn issuing remedial decrees in institutional reform cases against state and local governments, courts should, as we argued in our book Democracy by Decree, enforce rights and otherwise leave policy making to elected officials.1 We have...
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Quantum Meruit and the Restatement (Third) of Restitution and Unjust Enrichment
I. INTRODUCTIONThirty years ago, Professor Graham Douthwaite said that restitution can "arise in a bedazzling variety of situations."1 He also said that practitioners usually are not aware of "the restitutionary implications or potential" of their clients'...
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Reflections on Remedies and Philip Morris V. Williams
I. INTRODUCTIONThis paper is an outgrowth of remarks I prepared for a panel on tort reform and proposals to limit remedies,1 a potentially broad topic encompassing many different perspectives. However, in light of current events the topic can be narrowed...
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Symposium Remedies: Justice and the Bottom Line Introduction
I. INTRODUCTIONThis Symposium is the fruit of an all-day workshop on Remedies at the 2007 Annual Meeting of the Association of American Law Schools. Thirty-seven scholars and practicing lawyers, organized by subject matter into eleven panels, made oral...
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The Continued Vitality of Prophylactic Relief
I. INTRODUCTIONProphylactic injunctions first appeared on the remedial scene in the mid-1960s.1 Together with structural injunctions, they formed the corpus of public law injunctions that were used to address social institutional problems, such as school...
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The Trial Judge's Equitable Discretion Following eBay V. MercExchange
I. INTRODUCTIONAfter the drop-add period ends in what Sarah thought was her last semester of law school, the registrar totals Sarah's credit hours and tells her that she falls one hour short of Washington and Lee's graduation requirements. The first...
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Unjust Enrichment and Creditors
The most potent of the remedies associated with restitution is the constructive trust. Constructive trusts originated in equity courts, based on an analogy to express trusts in which one party holds title to property for the benefit of another.1 To make...
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