Of course. Here is a comprehensive guide to teaching Compensation Law in law schools, covering the core curriculum, pedagogical approaches, course structure, and practical teaching tips.

What is a Compensation Law Course?

A Compensation Law course (sometimes called "Remedies") is a foundational upper-level class that answers the critical question: "Now that I've won my case, what do I get?" It moves beyond establishing liability and focuses on the judicial tools and awards used to redress a legal wrong. It is often considered a "capstone" course because it integrates knowledge from Torts, Contracts, Property, and Civil Procedure.

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I. Core Components of the Curriculum

A typical Compensation Law syllabus is divided into several key modules.

1. Compensatory Damages

This is the heart of the course—making the plaintiff whole.

• Tort Damages:


• Personal Injury: "Make-whole" damages, including medical expenses, lost earnings (past and future), and non-economic damages (pain and suffering).


• Property Damage: Cost of repair vs. diminution in value.


• Wrongful Death & Survival Statutes: Distinguishing between the claim of the estate and the claim of the beneficiaries.


• Contract Damages:


• Expectation Damages: Putting the plaintiff in the position they would have been in had the contract been performed. (Hawkins v. McGee, "The Hairy Hand" case).


• Reliance Damages: Reimbursing the plaintiff for expenses incurred in reliance on the contract.


• Restitution: Preventing the unjust enrichment of the defendant.


• Certainty, Foreseeability, and Mitigation: The major limitations on recovery (Hadley v. Baxendale).

2. Equitable Remedies

When money is not enough.

• Injunctions:


• Preliminary Injunctions & Temporary Restraining Orders (TROs): The standards for obtaining pre-trial relief (likelihood of success on the merits, irreparable harm, balance of hardships, public interest).


• Permanent Injunctions: Prohibitory vs. Mandatory injunctions.


• Defenses: Laches, unclean hands, impracticality.


• Specific Performance: When is a contract for a unique item (like land) enforceable by an order to perform? Contrast with contracts for generic goods.


• Declaratory Judgments: A judicial determination of the parties' rights.

3. Restitution and Unjust Enrichment

A standalone body of law focused on disgorgement.

• The Principle: Defendant must give up a benefit that would be unjust for them to retain.


• Legal vs. Equitable Restitution:


• Legal: Quasi-contract and quantum meruit.


• Equitable: Constructive trusts and equitable liens.


• Measuring the Benefit: Plaintiff's loss vs. Defendant's gain.

4. Punitive Damages and Related Doctrines

Going beyond compensation to punish and deter.

• Standard for Awarding: Typically require malice, fraud, or oppression.


• Constitutional Limitations: The State Farm v. Campbell line of cases and the "guideposts" for evaluating whether a punitive award is excessive (reprehensibility, ratio to compensatory damages, civil penalties).


• Statutory Multipliers: e.g., Treble damages in antitrust or civil RICO.

5. Ancillary Doctrines

The "mechanics" of getting paid.

• Pre-judgment and Post-judgment Interest.


• Attorney's Fees: The "American Rule" vs. exceptions (statutory, contractual, common fund doctrine).


• Collateral Source Rule: Why payments from a plaintiff's own insurance are generally not deducted from a tort award.


• Tax Consequences of Awards.

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II. Pedagogical Approaches & Teaching Methods

How you teach the material is as important as the material itself.

1. The "Doctrinal & Policy" Approach

• Method: Teach the black-letter law through classic cases, then push students to critique the underlying policy.


• Example: After teaching expectancy damages in contracts, ask: "Does this truly make the plaintiff whole? What about lost opportunities or subjective value?"


• Example: Discuss the policy behind punitive damages: Are they about retribution, deterrence, or both? Are they a "windfall" to the plaintiff?


• Pros: Builds strong analytical skills, prepares students for bar exams, and engages them in deeper legal debates.

2. The "Problem-Solving" or "Lawyerly Skills" Approach

• Method: Structure the course around a series of complex hypotheticals. Students must act as lawyers advising a client or drafting a remedies section of a complaint or settlement agreement.


• Hypothetical: "Your client, a famous musician, has had her unique guitar destroyed by a negligent stagehand. What remedies will you seek? What are your arguments for and against specific performance of a contract to buy a replacement?"


• Pros: Highly practical, develops strategic thinking, and shows how different remedies interact.

3. The "Integration" Approach

• Method: Constantly tie remedies back to the substantive law students already know.


• Example: "We just learned about trespass. The remedy for a continuing trespass is likely an injunction. The remedy for a past, one-time trespass is likely damages. How does the available remedy shape the litigation strategy?"


• Pros: Helps students see the "big picture" of litigation and reinforces prior learning.

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III. Structuring the Course

• Casebook: Standard texts include Laycock's Modern American Remedies, Dobbs & Roberts' Law of Remedies, or Schoenbrod et al.'s Remedies: Public and Private.


• Syllabus Flow: A logical progression is:


• Introduction: What are remedies? The distinction between law and equity.


• Compensatory Damages (Torts, then Contracts).


• Equitable Remedies (Injunctions, Specific Performance).


• Restitution.


• Punitive Damages.


• Ancillary Issues (Attorneys' Fees, Interest, Taxes).


• Assessment:


• Final Exam: The traditional method. Use fact-pattern essays that force students to identify multiple causes of action and argue for the most advantageous remedy for their "client."


• Graded Drafting Assignment: Have students draft a complaint with a detailed prayer for relief or a memo arguing for a specific remedy.


• In-class Participation & Hypotheticals: Keep students engaged throughout the semester.

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IV. Practical Tips for Teaching the Course

• Emphasize the "So What?": Always bring the discussion back to practical consequences. "Why would a client care about the difference between legal and equitable restitution?"


• Use the "Remedies Cube": A famous framework (often attributed to Professor Doug Laycock) that asks three questions for any case:


• What is the wrong? (Tort, Contract, etc.)


• What is the right? (Compensation, Punishment, Restitution)


• What is the remedy? (Damages, Injunction, etc.)

This provides a structured analytical tool for students.

• Leverage Current Events: Find news stories about massive punitive damages awards, high-profile injunctions (e.g., in intellectual property or environmental law), or Supreme Court cases reviewing remedies. This makes the material feel immediate and relevant.


• Address the Bar Exam: Be transparent that Remedies is a frequently tested topic on the Multistate Bar Exam (MBE) and especially on the Multistate Essay Exam (MEE). Frame some lessons as direct bar prep.


• Guest Lecturers: If possible, invite a practicing litigator to speak about how they strategically select and argue for remedies in real cases.

Conclusion

Teaching Compensation Law is uniquely rewarding because it empowers students to think like complete lawyers. It answers the question that every client ultimately asks and provides the tools to translate a legal victory into a tangible result. By blending doctrine, policy, and practical skill-building, you can create one of the most valuable and memorable courses in the law school curriculum.