Prof. Rendleman on Restitution

Doug RendlemanProfessor Doug Rendleman, Robert E. R. Huntley Professor of Law, will have his article, Measurement of Restitution: Coordinating Restitution with Compensatory Damages and Punitive Damages, 68 Wash. & Lee L Rev. __ (2011), published in the forthcoming volume of the Washington & Lee Law Review. The article was part of the W&L Law Review’s spring symposium discussing the ALI’s proposed Restatement (Third) of Restitution and Unjust Enrichment.

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 of justice.

Professor Rendleman’s article identifies wiser choices to aid lawyers’ and courts’ remedial decisions and seeks to improve the courts’ administration of litigants’ civil remedies. It focuses on the Restatement’s measurement choices for restitution and explains familiar examples to analyze the choices between compensatory damages, restitution, and punitive damages and to locate the transitions between them.

The article can be found on SSRN here.

Congratulations to Prof. Rendleman.

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