Some Comparative Thoughts on Micro-Remedies for Micro-Indignities: One Small Step for Remedies, One Giant Leap for Dignity?

Document Type

Conference Paper

Publication Date

8-5-2018

Publication Source

Southeastern Association of Law Schools (SEALS) Conference, Summer 2018

Abstract

This discussion group explores controversial remedies in private and public law. Remedies in the headlines include nationwide injunctions against executive orders, global injunctions to protect intellectual property, expansive contempt orders, equitable remedies for the European right to be forgotten, criminal “restitution” to compensate victims, remedies for intangible harms such as data breaches, and civil restitution to disgorge unjust gains from opportunistic breaches of contract. Some discussants offer comparative approaches and historic examples to glean ideal paths for modern controversial remedies. We also examine the theoretical underpinnings that propel controversial remedies, underlying substantive areas, and defenses. Finally, we suggest reforms and limits to shape the law of remedies in ways that best serve the goals of the rights at stake.

Discussants:

  • Jonathan Cardi, Wake Forest University
  • Vincent Cardi, West Virginia University
  • Thomas Folsom, Regent University
  • Andy Hessick, University of North Carolina
  • Margaret Hu, Washington and Lee University
  • Marco Jimenez, Stetson University
  • Layne Keele, Faulkner University
  • Cortney Lollar, University of Kentucky
  • Christopher Lund, Wayne State University
  • Michael Morley, Florida State University
  • Christopher Roederer, University of Dayton
  • Saurabh Vishnubhakat, Texas A&M University
  • Russell Weaver, University of Louisville
  • Vanessa Zboreak, Wake Forest University

Document Version

Postprint

Publisher

Southeastern Association of Law Schools (SEALS)

Place of Publication

Fort Lauderdale, FL

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