The third edition of The Principles of the Law of Restitution brings this widely cited and
influential volume fully up to date. It has been substantially rewritten to reflect the significant …

Dagan's book provides a dynamic and much needed account of the American law of
restitution. The book reviews the existing doctrine, including the forthcoming (third) …

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the
law of negligence. Its aim is to re-establish the notion that thinking about the law ought to …

In this classic study, Alan Brudner investigates the basic structure of the common law of
transactions. For decades, that structure has been the subject of intense debate between …

This Article questions the current model of discovery cost allocation, which requires the
producing party to bear the expenses associated with its opponent's discovery requests. The …

Justice and Reconciliation in Post-Apartheid South Africa assesses the transitional
processes under way since the early 1990s to create a stable and just society. Change in …

I. An Ancient Idea of Justice John Dawson saw better than most the idea of justice that is at
the heart of much of the law of Restitution. He thought the idea was best expressed by the …

Every legal system that ties judicial decision making to a body of preconceived norms has to
face the tension between the normative formulation of the ideal and its approximation in …

In recent years a strand of thinking has developed in private law scholarship which has
come to be known as' rights' or'rights-based'analysis. Rights analysis seeks to develop an …

In law, gains, like losses, don't always lie where they fall. The circumstances in which the law
requires defendants to give up their gains are well documented in the work of unjust …