Symposium, Remedies: Justice and the Bottom Line Introduction to Part Two

By Currie, David C. | The Review of Litigation, Winter 2008 | Go to article overview

Symposium, Remedies: Justice and the Bottom Line Introduction to Part Two


Currie, David C., The Review of Litigation


The Review of Litigation is pleased to present Part Two of the Symposium Remedies: Justice and the Bottom Line. This Symposium "is the fruit of an all-day workshop on Remedies at the 2007 Annual Meeting of the Association of American Law Schools."1 Part One contains articles on damages, 2 injunctions,3 and restitution.4 Part Two presents articles on remedies as a field and reparations, and then revisits the field of damages. In Part One, Douglas Laycock, who served as chair of the planning committee for the workshop, provided an introduction to all the articles appearing in this Symposium.5 He introduced the articles appearing in Part Two as follows:

V. REMEDIES AS A FIELD

My own contribution to this Symposium will review the history of how remedies became a field.6 The short explanation is that courses in damages, equity, and restitution were combined into a single course in remedies. But this consolidation took many years, with some of the key steps emerging in unpublished casebooks. "Remedies" also meant the forms of action, and it meant civil procedure, and each of these meanings lasted well into the second half of the twentieth century. The AALS section on Remedies dealt with civil procedure and evidence for fifty years, until modern remedies teachers took over the section in 1972. To help me make sense of what I found in the archives, I interviewed the surviving founders of the field-John Cribbet, Kenneth York, John Bauman, and Dan Dobbs-and both the archives and the interviews are summarized here.

This emergence of the remedies course flowed seamlessly into a proliferation of remedies courses, with different emphases and distinct but overlapping coverage choices. Considering the many options for teaching the remedies course, Russell Weaver and David Partlett propose that we think of it as a capstone course that helps students pull together the rest of the curriculum.7 Because the remedies course is inherently transsubstantive, students can be asked to solve problems that cut across the lines that separate courses in the rest of the curriculum, to focus on the needs of the client rather than on doctrinal categories, and to evaluate choices among causes of action and choices among remedies. Such a course should be offered in the third year, when students have taken most of the other courses.

VI. REPARATIONS

Natsu Taylor Saito considers the problem of remedies for massive wrongs that tend to escape the ordinary legal process. Famous examples in American history are African-American slavery, the seizure of Indian lands, Japanese internment, and the overthrow of native Hawaiian government. She resists the common tendency to say that legal remedies are impractical in such cases and that victims must look to the political process. This reaction leads to a perverse de facto principle: the greater the wrong, the lesser the remedy. She argues that only if there is full legal process, including an assessment of damages, can we even know the extent and magnitude of the wrong. And she argues that statutes of limitation and similar rules designed to regulate the workings of the legal system should be modified as necessary where they prevent the legal system from even considering the most egregious wrongs.9

[DAMAGES REVISITED]

Ellen Pryor assesses the law of compensatory damages for personal injuries in light of its interaction with our many other compensation schemes: workers' compensation, Social security disability insurance, Medicare, Medicaid, programs for particular industries, such as Longshore Harbor Workers Compensation, and private medical insurance.10 These multiple programs present important issues of coordination. Recent legislation limiting tort recoveries, and changes in medical insurance practices, have affected these coordination issues in ways not yet fully understood. Payment of settlements often awaits further litigation on these coordination issues; repeal of the collateral source rule may not have repealed anything in many states; federal Medicaid law requires new hearings not provided for in any state's tort law; and managed care creates fundamental ambiguity about the cost and value of medical services. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Symposium, Remedies: Justice and the Bottom Line Introduction to Part Two
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.