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Paul Boudreaux, Carrots and Sticks from President Obama’s Solyndra and Beyond, 4 Wash. & Lee J. Energy, Climate, & Env't. 1 (2013)Clicking on the button will copy the full recommended citation.
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Marco Jimenez, Remedial Consilience, 62 Emory L.J. 1309 (2013)Clicking on the button will copy the full recommended citation.
This Article provides a new way of organizing and thinking about what is perhaps the most important, useful, and ubiquitous – yet misunderstood, neglected, and underdeveloped – area in all of law: remedies. Even though remedial issues are present in every case, too little theoretical attention has been paid to them, leaving a wide array of remedial doctrines – ranging from injunctions to declaratory decrees, punitive damages to contempt, and unjust enrichment to specific performance – in search of a unifying theory.
This Article is the first to offer such a theory. Specifically, I argue that the broad array of seemingly distinctive remedies, operating over diverse subject matter areas, can be organized and justified by way of four distinct but related remedial principles: the principles of restoration, retribution, coercion, and protection. Each principle focuses on either the victim or the wrongdoer from a distinct (ex ante or ex post) temporal perspective. These principles, in turn, allow one to organize and unify a large swath of seemingly unique and unrelated remedies under a broad conceptual umbrella.
More importantly, however, by showing that all remedies are little more than specific instantiations of general remedial principles, it is my hope that this Article – by identifying and exploring the relationship between and among these principles – can help judges, practitioners, and policy makers think more clearly about what they are doing, as a descriptive matter, and ought to be doing, as a normative matter, when awarding and justifying a remedy – a matter they must consider no less frequently than in every single case.
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Louis J. Virelli, Judicial Deference to Congress and the Separation of Powers, 98 Iowa L. Rev. Bulletin 28 (2013)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, More Than Just Another Face in the Crowd: Three Tips for Networking at the AALS Conference, AALS Section on Legal Analysis, Research, and Writing (2012)Clicking on the button will copy the full recommended citation.
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Ashley Krenelka and Robert Brammer, Put Your Library on the Map, Part 1: How to Put Your Library Floor Plan into Google Maps Floor Plans, AALL Spectrum Online (2012)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Incorporating Environmental Law into First-Year Research and Writing, 42 Envtl. L. Reporter News & Analysis 10941 (2012)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli, Introduction, Economic Aspects of Health Law, 42 Stetson L. Rev. 1 (2012)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, No Method to the Madness: The Failure of Section 14 of the Patent Reform Act of 2011 to Make Any Obvious Changes for the Better, 6 Akron Intell. Prop. J. 337– (2012)Clicking on the button will copy the full recommended citation.
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D. Benjamin Barros, Easements, Necessity, and the Role of Legal Change in Judicial Takings Claims, 21 Widener L.J. 797 (2012)Clicking on the button will copy the full recommended citation.
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Peter Lake et al., Cardiac Evaluation of Collegiate Student-Athletes: A Medical and Legal Perspective, 125 American Journal of Medicine 742 (2012)Clicking on the button will copy the full recommended citation.