About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

39 Brandeis L.J. 657 (2000-2001)
Teaching Restitution

handle is hein.journals/branlaj39 and id is 665 raw text is: TEACHING RESTITUTION Candace Saari Kovacic-Fleischer* When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: (1) Equitable Remedies and (2) Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what extraordinary remedies were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies courses were shortly thereafter combined into one, called, unsurprisingly, Remedies. Ever since then, however, the topic of restitution has intrigued me. I did not remember studying restitution in law school. When I looked back at my law school notes, I discovered that I had, and had even read Moses v. Macpherlan.' Apparently, however, neither the subject matter nor its oldest case had made an impression on me. In fact, it was not until I tried to reduce Moses to a note for the 6th edition of Equitable Remedies, Restitution and Damages,2 that I think I began to understand it. (I had always left it out of my syllabus before.) My note on Moses, which I had planned to make very brief, now contains a very long excerpt from the case. When I began teaching Remedies, I had not had time to prepare more than the first six weeks of classes in advance. That preparation did not include restitution. When I reached the first restitution case, the first student question made me I realize that I did not know what this topic was about. My first group of students and I struggled to make sense of it. From the cases in the * Professor of Law and Pauline Ruyle Moore Scholar at the Washington College of Law, American University. Co-author of LEAVELL, LOVE, NELSON & KOVACIC- FLEISCHER, EQUITABLE REMEDIES, RESTITUTION AND DAMAGES (5th ed. 1994, 6th ed. 2000). I would like to thank the American University Washington College of Law Research Fund for generously assisting with the research and attendance at the discussion forum. I would also like to thank Frankie Winchester for her typing and editorial assistance. 2 Burr. 1005 (K.B. 1760). Bob Leavell, Jean Love and Grant Nelson invited me to be a co-author on their book for the 5th and later editions.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most