James E. Fleming

The Honorable Paul J. Liacos Professor of Law

AB, summa cum laude, Political Science, University of Missouri
JD, magna cum laude, Harvard Law School
PhD, Politics, Princeton University

Areas of Interest
Constitutional Law, Torts, U.S. Supreme Court
Contact
Biography

James E. Fleming writes in constitutional law and constitutional theory and is the author or co-author of five books:

  • Fidelity to Our Imperfect Constitution (Oxford University Press, 2015), Fleming’smost recent book, criticizes all forms of originalism, arguing that originalists would enshrine an imperfect Constitution that does not deserve our fidelity. The book argues that, if we aspire to fidelity to the Constitution, a moral reading is superior to originalism. A moral reading conceives the Constitution as embodying abstract moral and political principles, not codifying concrete historical rules or practices. Fidelity to the Constitution on this understanding is not obedience to decisions already made for us in the past by people long dead or who were ignorant of the challenges and problems of our age. Fidelity rather is an attitude of commitment to making the frame of government work and to developing it in ways that better realize its ends and our aspirations. This book further develops Fleming’s arguments in previous books for a philosophic approach to constitutional interpretation and for a “Constitution-perfecting theory.” One reviewer wrote that this book project promises to produce “the most forceful and careful and comprehensive critique of originalism to date.”
  • Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) (with Linda C. McClain, Professor of Law and Paul M. Siskind Research Scholar at Boston University School of Law), his newest book, develops a civic and constitutional liberalism that takes responsibilities and virtues — as well as rights — seriously. It offers a conception of “ordered liberty” that appreciates the value of diversity in our morally pluralistic constitutional democracy and answers various charges that the US constitutional system, in recent years, exalts individual rights over responsibilities, virtues, and the common good. The book uses the battle over same-sex marriage as a primary illustration and argues that a conception of “ordered liberty” supports marriage equality. One commentator wrote: “Numerous theorists have claimed that liberal rights come at the expense of individual responsibility and that liberal autonomy fosters indifference to civic virtue. In this important response, Fleming and McClain argue that contemporary liberalism not only accommodates but also requires both responsibility and virtue. Political liberalism is a form of ordered liberty, not an alternative to it.” In a December 2013 New Books in Public Policy podcast, Fleming and McClain discussed Ordered Liberty and their framework for addressing the various criticisms of liberalism they wished to deconstruct therein.
  • American Constitutional Interpretation (4th ed., Foundation Press, 2008) (with Walter F. Murphy and Stephen Macedo of Princeton University and Sotirios A. Barber), the casebook Fleming uses in teaching Constitutional Law and Constitutional Theory, conceives constitutional interpretation on the basis of three fundamental interrogatives: What is the Constitution? Who may authoritatively interpret it? and How ought it to be interpreted? Upon the publication of the first edition in 1986, one reviewer praised the book for its “constitutional objectivism,” and titled the review “constitutional law as though the Constitution mattered.” The reviewer concluded that the book “offered the Constitution and the Republic a splendid bicentennial anniversary present.”
  • Constitutional Interpretation: The Basic Questions (Oxford University Press, 2007) (with Sotirios A. Barber of University of Notre Dame) (designated as a Choice Outstanding Academic Title) argues for a philosophicapproach to constitutional interpretation. Fleming and Barber systematically criticize competing approaches — textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism — that aim and claim to avoid a philosophic approach. They show that none can responsibly avoid moral and philosophic reflection and choice in interpreting the Constitution. They also advance a conception of the Constitution not merely as a charter of negative liberties protecting people from government, but also as a charter of positive benefits imposing affirmative obligations upon government to pursue good things like the ends proclaimed in the Preamble. One commentator stated: “Many readers will undoubtedly find it a clearer presentation of a Dworkinian approach than Dworkin himself has achieved in any one of his many books.” Another wrote: “It is a masterpiece of scholarship and scholarly teaching.”
  • Securing Constitutional Democracy: The Case of Autonomy (University of Chicago Press, 2006), Fleming’s first book, criticizes conceptions of the Constitution as primarily securing procedural liberties and of judicial review as perfecting the processes of representative democracy (like those of John Hart Ely and Cass Sunstein) as incomplete. He elaborates a “Constitution-perfecting theory” — a theory that would reinforce not only the procedural liberties (those related to democracy) but also the substantive liberties (those associated with individual autonomy) embodied in our Constitution and presupposed by our constitutional democracy. Constitutional self-government, he argues, includes not only democratic self-government, with the polity making decisions for the common good, but also personal self-government, with individuals making the most significant decisions about how to live their own lives. Furthermore, his Constitution-perfecting theory would interpret the Constitution so as to make it the best it can be. One reviewer wrote: “Fleming’s book is simply the best elaboration of the implications of political theory in the tradition of Rawls for the crucial issues in contemporary debates about the fundamental rights.”

He also is to be co-author of the fifth edition of Tort and Accident Law: Cases and Materials (with Robert E. Keeton and Lewis D. Sargentich of Harvard Law School and Gregory C. Keating of University of Southern California Law School), the casebook he uses in teaching Torts.

From 2008 to 2011, Professor Fleming was Editor of NOMOS, the annual book of the American Society for Political and Legal Philosophy. In that capacity, he edited or co-edited four books:

Professor Fleming received his JD magna cum laude from Harvard Law School and a PhD in Politics from Princeton University. He practiced litigation at Cravath, Swaine & Moore before becoming a law professor. During the 1999-2000 year, he was a Faculty Fellow in Ethics in the Harvard University Center for Ethics and the Professions.

Since coming to Boston University School of Law in 2007, Professor Fleming has organized conferences entitled The Most Disparaged Branch: The Role of Congress in the 21st Century, Justice for Hedgehogs: A Conference on Ronald Dworkin’s Forthcoming Book, Justice: What’s the Right Thing To Do? A Symposium on Michael Sandel’s Recent Book, Originalism and Living Constitutionalism and On Constitutional Obligation and Disobedience.

Before joining the faculty of Boston University School of Law, Fleming was the Leonard F. Manning Distinguished Professor of Law at Fordham University School of Law. While at Fordham, he organized or co-organized many conferences in constitutional theory, including Fidelity in Constitutional Theory, The Constitution and the Good Society, Rawls and the Law and A New Constitutional Order?, together with Theories of Constitutional Self-Government, Integrity in the Law and Theories of Taking the Constitution Seriously Outside the Courts, all published in Fordham Law Review. He also co-edited (with BU Law Professor Linda C. McClain) a symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, published in Chicago-Kent Law Review. In 2007, Fordham Law Review published a symposium on Minimalism versus Perfectionism in Constitutional Theory, focusing on Professor Fleming’s book, Securing Constitutional Democracy, along with Cass R. Sunstein’s book, Radicals in Robes.

Publications
  1. James Fleming & Linda McClain, "Dworkin’s Perfectionism," in Law and Dignity: Essays in Honour and Memory of Professor Ronald Dworkin , Lokendra Malik, ed., Oxford University Press (forthcoming).
  2. James Fleming, "Fidelity to Our Imperfect Constitution," in Symposium Is It Time to Rewrite the Constitution? 2015 Wisconsin Law Review Online 31 (2015).
    SSRN | Publisher
  3. James Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms, Oxford University Press (2015).
    Publisher
  4. James Fleming, "Fit, Justification, and Fidelity in Constitutional Interpretation," 9 Problema: Anuario de Filosofia y Teoria del Derecho 151 (2015).
    SSRN | Publisher
  5. James Fleming & Linda McClain, "Liberty," in Oxford Handbook of the United States Constitution 479, Mark Tushnet, Sanford Levinson & Mark Graber, eds., Oxford University Press (2015).
  6. James Fleming, "The Substance of Self-Government," 11(2) Law, Culture, and the Humanities 184 (2015).
    Publisher
  7. James Fleming, Walter F. Murphy, Sotirios A. Barber & Stephen Macedo, American Constitutional Interpretation, 5th ed., Foundation Press (2014).
    Publisher
  8. James Fleming, "Fidelity to Our Living Constitution," review of Bruce Ackerman, We the People, Volume III: The Civil Rights Revolution, Belknap Press of Harvard University Press (2014), 50 Tulsa Law Review 449 (2014). SSRN | Publisher
  9. James Fleming, "Fidelity, Change, and the Good Constitution," in Symposium Symposium on Comparative Constitutional Law, 62 American Journal of Comparative Law 515 (2014).
    SSRN | HeinOnline (BU) | HeinOnline
  10. James Fleming, "Introduction to the Symposium on Ronald Dworkin's Religion Without God," in Symposium A Symposium on Ronald Dworkin's Religion Without God, 94 Boston University Law Review 1201 (2014).
    SSRN
  11. James Fleming & Linda McClain, "The Myth of Strict Scrutiny for Fundamental Rights," 12 Dartmouth Law Journal 1 (2014).
    HeinOnline (BU) | HeinOnline
  12. NOMOS LV: Federalism and Subsidiarity, James Fleming & Jacob T. Levy, eds., New York University Press (2014).
    Publisher
  13. James Fleming & Linda McClain, "Ordered Gun Liberty: Rights with Responsibilities and Regulation," in Symposium America's Political Dysfunction: Constitutional Connections, Causes and Cures, 94 Boston University Law Review 849 (2014).
    SSRN
  14. James Fleming, "Are We All Originalists Now? I Hope Not!" 91 Texas Law Review 1785 (2013).
    HeinOnline (BU) | HeinOnline
  15. James Fleming, "Fit, Justification, and Fidelity in Constitutional Interpretation," in Symposium On Constitutional Obligation and Disobedience: A Symposium on Abner S. Green's Against Obligation and Louis Michael Seidman's On Constitutional Disobedience, 93 Boston University Law Review 1283 (2013).
  16. James Fleming, "The Inclusiveness of the New Originalism," 82 Fordham Law Review 433 (2013).
    HeinOnline (BU) | HeinOnline
  17. James Fleming, "The New Originalist Manifesto," 28 Constitutional Commentary 539 (2013).
  18. NOMOS LIII: Passions and Emotions, James Fleming, ed., New York University Press (2013).
    Publisher
  19. James Fleming & Linda McClain, "Ordered Liberty: Response to Michael Dorf," 93 Boston University Law Review 1481 (2013).
  20. Linda McClain & James Fleming, Ordered Liberty: Rights, Responsibilities, and Virtues, Harvard University Press (2013). Symposia Responses: “Ordered Liberty: A Response to Three Views,” James E. Fleming & Linda C. McClain, 28 Constitutional Commentary 435 (2013); Balkinization Symposium on Ordered Liberty, James E. Fleming & Linda C. McClain; Concurring Opinions Symposium on Ordered Liberty, James E. Fleming & Linda C. McClain. Podcast on New Books Network, James E. Fleming & Linda C. McClain (2013).
    Publisher
  21. James Fleming, "The Balkinization of Originalism," 2012 University of Illinois Law Review 669 (2012).
  22. James Fleming, "Living Originalism and Living Constitutionalism as Moral Readings of the American Constitution," in Symposium Originalism and Living Constitutionalism: A Symposium on Jack Balkin's Living Originalism and David Strauss's The Living Constitution, 92 Boston University Law Review 1171 (2012).
  23. NOMOS LII: Evolution and Morality, James Fleming & Sanford Levinson, eds., New York University Press (2012).
    Publisher
  24. James Fleming & Linda McClain, "Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights," in Symposium Justice: What's the Right Thing to Do: A Public Lecture and and Symposium on Michael J. Sandel's Recent Book: Panelist Papers, 91 Boston University Law Review 1311 (2012).
    HeinOnline
  25. James Fleming, "Constitutional Theory, the Unitary Executive, and the Rule of Law," in NOMOS: Getting to the Rule of Law 156, James Fleming & Sotirios A. Barber, eds., New York University Press (2011).
  26. NOMOS L: Getting to the Rule of Law, James Fleming, ed., New York University Press (2011).
    Publisher
  27. James Fleming, "An Appreciation of Walter F. Murphy," 20:2 Law & Courts: Newsletter of the Law & Courts Section of the American Political Science Association 18 (2010).
    Publisher
  28. James Fleming & Sotirios A. Barber, "Constitutional Theory and the Future of the Unitary Executive," in Symposium Executive Power: New Directions for the New Presidency? 59 Emory Law Journal 459 (2010).
    Publisher | HeinOnline (BU) | HeinOnline
  29. James Fleming, "Presidential Succession: The Art of the Possible," in Symposium The Adequacy of the Presidential Succession System in the 21st Century, 79 Fordham Law Review 951 (2010).
  30. James Fleming, "Successful Failures of the American Constitution," in The Limits of Constitutional Democracy 29, Stephen Macedo & Jeffrey K. Tulis, eds., Princeton University Press (2010).
  31. James Fleming, "Taking Responsibilities as Well as Rights Seriously," in Symposium Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book, 90 Boston University Law Review 839 (2010).
    Publisher
  32. James Fleming, review of Robert T. Tsai, Eloquence and Reason: Creating a First Amendment Culture, Yale University Press (2008), eloquenceandreason.blogspot.com (2009). Publisher
  33. James Fleming, "Natural Law: U.S. Law," in The Oxford International Encyclopedia of Legal History, Stanley N. Katz, ed., Oxford University Press, 217 (2009).
  34. James Fleming, "Ronald Dworkin," in The Yale Biographical Dictionary of American Law, Roger K. Newman, ed., Yale University Press, 178 (2009).
  35. James Fleming, "Toward a More Democratic Congress?" in Symposium The Most Disparaged Branch: The Role of Congress in the Twenty-First Century, 89 Boston University Law Review 629 (2009).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  36. James Fleming, Walter F. Murphy, Sotirios A. Barber & Stephen Macedo, American Constitutional Interpretation, 4th ed., Foundation Press (2008).
  37. James Fleming, "The Odyssey of Cass Sunstein," in Symposium The Scholarship of Cass Sunstein, 43 Tulsa Law Review 843 (2008).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  38. James Fleming, "Rewriting Brown, Resurrecting Plessy," 52 Saint Louis University Law Journal (2008).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  39. James Fleming, "The Balkanization of Originalism," in Symposium The Maryland Constitutional Law Schmooze, 67 Maryland Law Review 10 (2007).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  40. James Fleming & Sotirios A. Barber, Constitutional Interpretation: The Basic Questions, Oxford University Press (2007).
    Publisher
  41. James Fleming, "The Incredible Shrinking Constitutional Theory: From the Partial Constitution to the Minimal Constitution," 75 Fordham Law Review 2885 (2007).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  42. James Fleming & Benjamin C. Zipursky, "Rights, Responsibilities, and Reflections upon the Sanctity of Life," in Ronald Dworkin 109, Arthur Ripstein, ed., Cambridge University Press (2007).
  43. James Fleming, "'There Is Only One Equal Protection Clause': An Appreciation of Justice Stevens's Equal Protection Jurisprudence," 74 Fordham Law Review 2301 (2006).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  44. James Fleming, "The New Constitutional Order and the Heartening of Conservative Constitutional Aspirations," 75 Fordham Law Review 537 (2006).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  45. James Fleming, "The Place of History and Philosophy in the Moral Reading of the American Constitution," in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin 23, Scott Hershovitz, ed., Oxford University Press (2006).
  46. James Fleming, Securing Constitutional Democracy: The Case of Autonomy, University of Chicago Press (2006).
    Publisher
  47. Linda McClain & James Fleming, "Constitutionalism, Judicial Review, and Progressive Change," review of Ran Hirschl, Towards Juristocracy, Harvard University Press (2004), 84 Texas Law Review 433 (2005). Lexis Advance | Westlaw
  48. James Fleming, "Judicial Review Without Judicial Supremacy: Taking the Constitution Seriously Outside the Courts," 73 Fordham Law Review 1377 (2005).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  49. James Fleming & Sotirios A. Barber, "War, Crisis, and the Constitution," in The Constitution in Wartime 232, Mark Tushnet, ed., Duke University Press (2005).
  50. James Fleming, "Lawrence's Republic," 39 Tulsa Law Review 563 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  51. James Fleming, "Securing Deliberative Democracy," 72 Fordham Law Review 1435 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  52. James Fleming, Walter F. Murphy, Sotirios A. Barber & Stephen Macedo, American Constitutional Interpretation, 3d ed., Foundation Press (2003).
  53. James Fleming, "The Missing Selves in Constitutional Self-Government," 71 Fordham Law Review 1789 (2003).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  54. James Fleming, "The Lawyer as Citizen," 70 Fordham Law Review 1699 (2002).
    Westlaw | HeinOnline (BU) | HeinOnline
  55. James Fleming, "Fidelity to Natural Law and Natural Rights in Constitutional Interpretation," 69 Fordham Law Review 2285 (2001). Also in R. P. George, The Clash of Orthodoxies 183, ISI Press (2001) and in Natural Law: The International Library of Essays in Law and Legal Theory, R. P. George, ed., Ashgate (2003).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  56. James Fleming, "A Further Comment on Robert P. George's 'Natural Law'," 70 Fordham Law Review 255 (2001).
    HeinOnline (BU) | HeinOnline
  57. James Fleming, "The Natural Rights-Based Justification for Judicial Review," 69 Fordham Law Review 2119 (2001).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  58. James Fleming & Sotirios A. Barber, "The Canon and the Constitution Outside the Courts," 17 Constitutional Commentary 267 (2000).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  59. James Fleming, "The Constitution Outside the Courts," 86 Cornell Law Review 215 (2000).
    Westlaw | Lexis Advance
  60. James Fleming & Linda McClain, "Foreword," in Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  61. Linda McClain & James Fleming, "Foreword: Legal and Constitutional Implications of the Calls to Revive Civil Society," in Symposium Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 289 (2000).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  62. James Fleming, "The Parsimony of Libertarianism," 17 Constitutional Commentary 171 (2000).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  63. Linda McClain & James Fleming, "Some Questions for Civil Society-Revivalists," in Symposium Legal and Constitutional Implications of the Calls to Revive Civil Society, 75 Chicago-Kent Law Review 301 (2000).
    SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  64. James Fleming, "Fidelity, Basic Liberties, and the Specter of Lochner," 41 William & Mary Law Review 147 (1999).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  65. James Fleming, "Constitutional Tragedy in Dying: Or Whose Tragedy Is It, Anyway?" in Constitutional Stupidities, Constitutional Tragedies 162, W. N. Eskridge Jr. & Sanford Levinson, eds., New York University Press (1998).
  66. James Fleming & Linda McClain, "The Right to Privacy in Sandel's Procedural Republic," in Debating Democracy's Discontent: Essays on American Politics, Law, and Public Philosophy 248, Anita L. Allen & Milton C. Regan, eds., Oxford University Press (1998).
  67. James Fleming, "We the Unconventional American People," 65 University of Chicago Law Review 1513 (1998).
    Westlaw | Lexis Advance
  68. James Fleming, "Constitutional Tragedy in Dying: Responses to Some Common Arguments Against the Constitutional Right to Die," 24 Fordham Urban Law Journal 881 (1997).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  69. James Fleming, "Fidelity to Our Imperfect Constitution," 65 Fordham Law Review 1335 (1997).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  70. Linda McClain & James Fleming, "In Search of a Substantive Republic," review of Michael J. Sandel, Democracy's Discontent, Harvard University Press (1996) and Cass R. Sunstein, Legal Reasoning and Political Conflict, Oxford University Press (1996), 76 Texas Law Review 509 (1997). Lexis Advance | Westlaw
  71. James Fleming, "Original Meaning Without Originalism," 85 Georgetown Law Journal 1849 (1997).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  72. James Fleming, "Securing Deliberative Autonomy," 48 Stanford Law Review 1 (1995).
    Westlaw | " target="_blank">Lexis Advance | HeinOnline (BU) | HeinOnline
  73. James Fleming, "We the Exceptional American People," 11 Constitutional Commentary 355 (1994). Reprinted in Constitutional Politics: Essays on Constitution Making, Maintenance, and Change 91, Sotirios A. Barber & R. P. George, eds., Princeton University Press (2001).
    Westlaw | HeinOnline (BU) | HeinOnline
  74. James Fleming, "Constructing the Substantive Constitution," 72 Texas Law Review 211 (1993).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  75. James Fleming, "A Critique of John Hart Ely's Quest for the Ultimate Constitutional Interpretivism of Representative Democracy," 80 Michigan Law Review 634 (1982).
Courses

3 credits

This course will examine some classic issues of jurisprudence as they arise in contemporary controversies over law and morality. Topics will include the following: * The legal enforcement of morals. In Lawrence v. Texas, which recognized a right of gays and lesbians to intimate association, Justice Scalia protested in dissent that the case "effectively decrees the end of all morals legislation." Is Scalia right that there is really no distinction between homosexual intimate association and, to quote Scalia's list, "fornication, bigamy, adultery, adult incest, bestiality, and obscenity"? What are the proper limits on moral disapproval as a justification for traditional "morals legislation"? * Government's role in promoting public values: conflicts between liberty and equality. To what extent may government inculcate civic virtues and promote public values? We will focus on conflicts between personal liberty (including religious liberty) and the use of antidiscrimination law to secure the status of equal citizenship for gays and lesbians. For example, should laws recognizing same-sex marriage grant religious exemptions to town clerks and business people who morally disapprove of such marriage? * Grounds for justifying rights: protecting freedom to choose versus promoting moral goods. What are the best grounds for justifying rights in circumstances of moral disagreement? For example, should we justify a right to same-sex marriage on the ground that government should respect people's freedom to choose whom to marry? Or instead on the ground that protecting such a right promotes moral goods (the same moral goods that opposite-sex marriage furthers): commitment, intimacy, fidelity, and the like. * Rights, responsibilities, and regulation. To what extent does the protection of rights preclude governmental encouragement of responsible exercise of rights or regulation to protect others from harm? We will examine such issues in the context of reproductive freedom and the individual right to bear arms. * Originalisms versus moral readings of the Constitution. To what extent does constitutional interpretation involve determining the original meaning of the Constitution as a matter of historical fact (originalisms) versus making moral and philosophic judgments about the best understanding of our constitutional commitments (moral readings)? We will explore the emergence of "new originalisms" that aim to justify certain controversial rights that conventional originalists like Justice Scalia have rejected.

SPRG 2016: LAW JD 835 A1 , Jan 14th to Apr 14th 2016
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 James E. Fleming LAW

3 credits

The course explores the principal remedies available through civil litigation, including compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages, along with remedial defenses. It covers both private-law and public-law remedies. The course examines general principles about the law of remedies that cut across substantive fields and that will be useful to a student or lawyer encountering a remedies problem in any context. It also takes up debates concerning whether law and economics or corrective justice provides a better account of the aims and underlying principles of the law of remedies. The course will be of considerable practical value to anyone interested in civil litigation.

SPRG 2016: LAW JD 720 A1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 3:35 pm 3 James E. Fleming LAW
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