The usual assertion that restitution is not punitive is true in the important sense that liability in restitution does not exceed the defendant\u27s enrichment: enhanced or exemplary liability is foreign to this area of the law. On the other hand, restitution incorporates an unmistakably punitive aspect that is given effect in a different fashion: not by enhancing the liability of a disfavored defendant, but by denying relief to a disfavored claimant. The traditional explanation of such outcomes (by recitation of English and Latin maxims) has tended to obscure the extent and the consistency of the law\u27s punitive response
An important functional difference among restitutionary remedies is between giving a plaintiff the m...
Restitution for civil wrongs, also known as restitutionary damages, is a legal response through whic...
A restitution revival is underway. Restitution and unjust enrichment theory, born in the United Stat...
The usual assertion that restitution is not punitive is true in the important sense that liability...
Criminal restitution is a core component of punishment. In its current form, this remedy rarely serv...
The law of restitution has been the forgotten step-child of American private law for many decades. T...
Squishy. That’s been the rap on the law of restitution since before there even was a law of restitu...
Criminal restitution is a standard part of sentencing. As criminal restitution obligations have beco...
Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle f...
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendan...
The law of unjust enrichment is a subject of intense doctrinal debate. While it has received increas...
A restitutive theory of justice is a rights-based approach to criminal sanctions that views a crime ...
In law, gains, like losses, don’t always lie where they fall. The circumstances in which the law req...
This Article focuses on the concept that punitive damages can be justified as a substitute for compe...
It is hornbook law that restitution is sometimes available as an alternative remedy to a party who h...
An important functional difference among restitutionary remedies is between giving a plaintiff the m...
Restitution for civil wrongs, also known as restitutionary damages, is a legal response through whic...
A restitution revival is underway. Restitution and unjust enrichment theory, born in the United Stat...
The usual assertion that restitution is not punitive is true in the important sense that liability...
Criminal restitution is a core component of punishment. In its current form, this remedy rarely serv...
The law of restitution has been the forgotten step-child of American private law for many decades. T...
Squishy. That’s been the rap on the law of restitution since before there even was a law of restitu...
Criminal restitution is a standard part of sentencing. As criminal restitution obligations have beco...
Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle f...
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendan...
The law of unjust enrichment is a subject of intense doctrinal debate. While it has received increas...
A restitutive theory of justice is a rights-based approach to criminal sanctions that views a crime ...
In law, gains, like losses, don’t always lie where they fall. The circumstances in which the law req...
This Article focuses on the concept that punitive damages can be justified as a substitute for compe...
It is hornbook law that restitution is sometimes available as an alternative remedy to a party who h...
An important functional difference among restitutionary remedies is between giving a plaintiff the m...
Restitution for civil wrongs, also known as restitutionary damages, is a legal response through whic...
A restitution revival is underway. Restitution and unjust enrichment theory, born in the United Stat...