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

68 Wash. & Lee L. Rev. 973 (2011)
Measurement of Restitution: Coordinating Restitution with Compensatory Damages and Punitive Damages

handle is hein.journals/waslee68 and id is 981 raw text is: Measurement of Restitution: Coordinating Restitution with Compensatory Damages and Punitive Damages Doug Rendleman* And whence they came and whither they shall go the dew upon their feet shall manifest. Wallace Stevens, Sunday Morning Abstract Courts apply compensatory damages, restitution, and punitive damages to formulate litigants' civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often misunderstand restitution with deleterious consequences for litigants and the administration ofjustice. The American Law Institute's completion of the Restatement (Third) of Restitution & Unjust Enrichment provides the legal profession with opportunities to dispel this haze and to clarify the distinctions. In addition to obviating defendants' unjust enrichment, restitution with its measurement choices provides a midpoint on a continuum of the three remedies. Restitution's policy justifications often overlap with * Huntley Professor, Washington and Lee Law School. This Article began to take its shape during three presentations: the South Eastern Association of Law Schools Conference panel, Restitution Revival-Restatement (Third) of Restitution & Unjust Enrichment, August 2010; the Frances Lewis Law Center Faculty Enclave, March 2011; and the Remedies Discussion Forum, University Aix-en-Provence, France, June 2011. Well-earned thanks: To Professor Mark Gergen, Professor and Reporter Andrew Kull, Professor Douglas Laycock, and Professor Caprice Roberts for their extraordinary assistance in eliminating errors of omission and commission. To Professor Jeff Berryman for a crucial and formative nudge at an auspicious time. To Ms. Helena Jedziniak for research assistance. To Editor in Chief, Brandon Hasbrouck; Frances Lewis Law Center Director, Josh Fairfield; and American Law Institute Director, Lance Liebman for their outstanding efforts on behalf of this splendid symposium; also to Editor in Chief Christine Shepard and her able staff for bringing it to publication. For, finally, a 2011 summer research grant from the Frances Lewis Law Center that supported researching and writing this Article.

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