This survey course considers what happens in litigation after liability is determined. This is not designed to be a bar review preparatory course. Instead, we will discuss how courts weigh the available options for relief for claimants who allege that they have been wronged. Much of this course builds on what you learned about damages in Torts and Contracts. Other remedies will be less familiar.
We will survey the principal remedies prevailing parties are entitled to receive. Those remedies are damages (compensatory and punitive); injunctions (preventive, reparative and structural); declaratory remedies; restitution; and the ways prevailing parties can enforce their judgments. We will constantly ask what a plaintiff can get, why plaintiffs can get a particular remedy, why they can't get more, and which remedy is best suited for particular plaintiffs. Intermittently, we will ask whether theories of corrective justice or economic efficiency better explain the remedies available to plaintiffs.