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A Brief History of Mass Restitution Litigation in the United States by Anthony J Sebok (ssrn) (June 2004)

A Conceptual Framework for Protecting Value of Informational Products through Unjust Enrichment Law by Leif Gamertsfelder and Brian Fitzgerald (Australian Bar Rev) (ssrn) (1998)

A European Law on Unjustified Enrichment? A Critical View of the Law of Restitution in the Draft Common Frame of Reference (CFR) by Jan M Smits (ssrn) (2008) PDF

A Letter to America: The New Restatement of Restitution by Peter Birks (abstract only) (Global Jurist Frontiers) (2003)

A Map of the Common Law? by Stephen A Smith (Canadian Business Law Jour) (ssrn) (2004)

A New Reason for Restitution: The Policy against Accumulation by Simone Degeling (abstract only) (Oxf Jour Leg Stud) (September 2002)

A Normative Account of Defences to Restitutionary Liability by Ross Grantham and Charles Rickett (Univ of Queensland TC Beirne School of Law Research Papers) (ssrn) (2008) PDF

At the Expense of the Claimant: Direct and Indirect Enrichment in English Law by Peter Birks (Oxford Univ Comparative Law Forum 1) (2000) (there is a discussion forum for this article)

Bona Fide Purchase as a Defence to Unjust Enrichment Claims: A Concise Restatement by Kit Barker (Restitution Law Review) (ssrn) (1999) PDF

Change of Position – A Comparative View by Florian Mohs (abstract only)

Change of position: the view from England by Andrew Burrows (Loyola of Los Angeles Law Rev) (2003)

Choice of law for claims in unjust enrchment (review article) by Stephen Lee (Melbourne Univ Law Rev) (2002)

Common Core Evaluation of the Draft CFR - Book VII (Unjustified Enrichment) by Jan Smits and Vanessa Mak (ssrn) (March 2009) PDF

Consent and Exchange by Oren Bar-Gill and Lucian Arye Bebchuk (Harvard Law and Economics Discussion Paper) (ssrn) (July 2007) PDF

Defending Discretionary Remedialism by Simon Evans (Sydney Law Rev) (December 2001)

Demystifying Juristic Reasons by Lionel Smith (abstract only) (Canadian Bus Law Jour) (ssrn) (2007)

Distinguishing Quantum Meruit and Unjust Enrichment in the Construction Setting by H Hugh McConnell (Florida Bar Journal) (March 1997)

Does pay motivate volunteers? by Bruno S Frey and Lorenz Goette (Institute for Empirical Research in Economics, University of Zurich, Working Paper Series)

Encroachments: Between Private and Public by Hanoch Dagan (2002)

Equity – A general principle of law recognised by civilised nations? by Justice Margaret White (QUT Law and Justice Jour) (2004)

Equity, conscience, and unjust enrichment by Peter Birks (Melbourne Univ Law Rev) (also here and here) (1999)

Equity in Toxic Tort Litigation: Unjust Enrichment and the Poor by Allan Kanner (abstract only) (Law and Policy) (April 2004)

Equity's Australian isolationism by Michael Kirby (The Australian) (November 2008) (also in QUT Law and Justice Journal PDF)

Europäisierung des Bereicherungsrechts by Peter Schlechtriem (Electronic Jour of Comparative Law) (November 2003)

Expanding Restitution: Liability for Unrequested Benefits by Ariel Porat (Univ of Chicago Law and Economics, Olin Working Paper) (ssrn) (January 2008) PDF

Fusion: Fallacy, Future or Finished? by Keith Mason (Fusion Conference) (December 2004)

Gain-Related Recovery by Francesco Giglio (Oxford Jour Leg Stud) (ssrn) (abstract only) (September 2008)

Givings by Gideon Parchomovsky and Abraham Bell (April 2001)

Harmonisation of the Regulation of Unjust Enrichment in Europe by Age Värv (2008) (Juridica) (abstract only)

Illegality as defence against unjust enrichment claims by Gerhard Dannemann (Oxford Univ Comparative Law Forum 4) (2000) (there is a discussion forum for this article)

Incapacity, non est factum and unjust enrichment by Elise Bant (Melbourne Univ Law Rev) (2009)

In Defence of Quasi-Contract by Dan Priel (ssrn) (Modern Law Review) (2012)

In defense of the Good Samaritan by Hanoch Dagan (ssrn) (1998)

In defence of unjust factors by Thomas Krebs (Oxford Univ Comparative Law Forum 3) (2000) (there is a discussion forum for this article)

In defence of unjust factors: a study of rescission for duress, fraud and exploitation by Mindy Chen-Wishart (Oxford Univ Comparative Law Forum 2) (2000) (there is a discussion forum for this article)

In Memoriam Peter Birks (1941-2004) by Gerhard Dannemann (Oxford Univ Comparative Law Forum 2) (2004)(there is a discussion forum for this article)

Intent to Charge for Unsolicited Benefits Conferred in an Emergency: A Case Study in the Meaning of 'Unjust' in the Restatement (Third) of Restitution & Unjust Enrichment by Louis E Wolcher (ssrn) (September 2011) PDF

Introduction by Hanoch Dagan (book extract)

Israel: Unjust Enrichment (Restitution) - the Elements Necessary to Establish a Claim for Unjust Enrichment by Avi Ordo (summary only) (mondaq) (January 2005)

It's not my job! by Michael B Kelly (Loyola of Los Angeles Law Rev) (2003)

James Barr Ames and the Early Modern History of Unjust Enrichment by Andrew Kull (abstract only) (also here) (Oxf Jour Leg Stud) (2005)

Jurisdiction and choice of law for non-contractual obligations – part I: Hemispheric approaches to jurisdiction and applicable law for non-contractual civil liability by Carlos Manuel Vázquez (March 2003)

Just and Unjust Enrichments by Hanoch Dagan (ssrn) (June 2008) PDF

Justice Scalia reinvents restitution by Tracy A Thomas (Loyola of Los Angeles Law Rev) (2003)

La controversa categoria delle obbligazioni ex lege (dott. Stefano Faillace) (Dottorato di ricerca in diritto civile 19 ciclo) (anni di corso 2004-2006) (2007) PDF

Legal Realism and the Taxonomy of Private Law by Hanoch Dagan (Tel Aviv University Legal Working Paper) (October 2006) PDF

Legal Taxonomy by Emily L Sherwin (Cornell Legal Studies Research Paper) (August 2006)

Lowlands to Low Country: Perspectives on the Scottish and Dutch Law of Unjustified Enrichment by Martin Hogg (Electronic Jour of Comparative Law) (March 2001)

Measuring recovery for non-contractual investment by Omri Ben-Shahar and Robert A Mikos (ssrn) (2003)

Memorandum by Graham Virgo (part of the Parliamentary discussion of Rome II (non-contractual obligations)) (February 2004)

Natural Obligations and the Common Law of Unjust Enrichment by Tang Hang Wu (2006) (Oxford Univ Commonwealth Law Jour) (abstract only)

New Restatement Rejects Dichotomy Between Fact, Law For Restitution by Steven P Garmisa (March 2004)

Of civil actions in personam; how they arise (from Bracton, On the Laws and Customs of England) (and in the original Latin)

Of harms and benefits: torts, restitution, and intellectual property by Wendy J Gordon (ssrn)

Passing-On Defense and Indirect Purchaser Standing in Actions for Damages Against the Violations of Competition Law: What Can the EC Learn from the US? by Firat Cengiz (ssrn) (November 2007) PDF

Peter Birks and unjust enrichment in Australia by Michael Bryan (Melbourne Univ Law Rev) (December 2004)

Pretext, Transparency and Motive in Mass Restitution Litigation by Anthony J Sebok (Vanderbilt Law Rev) (ssrn) (2004)

Private Production of Public Goods: Liability for Unrequested Benefits by Ariel Porat (Michigan Law Rev) (ssrn) (March 2009) PDF

Property, subsidiarity, and unjust enrichment by Lionel Smith (Oxford Univ Comparative Law Forum 6) (2000) (there is a discussion forum for this article) (also here )

Proposal For A Regulation On The Law Applicable To Non-Contractual Obligations (Rome II) (House of Lords) (Minute of Evidence) (also here ) (January 2004)

Recent Developments Regarding Unjust Enrichment by Barb Cotton, Andrea Manning-Kroon and William E McNally (The Barrister) (2004)

Recommendations And Possible Solutions Proposed To The Topic Related To The Law Applicable To International Jurisdictional Competence With Regard To Extra-Contractual Civil Responsibility by Ana Elizabeth Villalta Vizcarra (Seventh Inter-American Specialized Conference on Private International Law) (August 2002)

Remedies for damage to property: money damages or restitution in natura? by Eleni Zervogianni (German Working Papers in Law and Economics) (February 2004)

Reparations and Unjust Enrichment by Emily Sherwin (also at ssrn) (2004)

Resale Royalties In The United States For Fine Visual Artists by Elliott Alderman (The Content Lawyer) (1993)

Responsibility for Gain: Unjust Factors or Absence of Legal Ground? Starting Points in Unjust Enrichment Law by Kit Barker (ssrn) (2008)

Restating Restitution: The Restatement Process and its Critics by Doug Rendleman (Washington and Lee Law Rev) (ssrn) (June 2008) PDF

Restitution: ancient wisdom by David F Partlett and Russell L Weaver (Loyola of Los Angeles Law Rev) (2003)

Restitution and Equity: An Analysis of the Principle of Unjust Enrichment by Emily Sherwin (2001) (ssrn) PDF

Restitution and Land Markets by Richard Grover and Mia Flores-Bórquez (May 2004)

Restitution and Res Judicata in the Irish Supreme Court by Eoin O'Dell (1997) PDF

Restitutionary Damages as Corrective Justice by Ernest J Weinrib (abstract only) (Theor Inq in Law) (January 2000)

Restitution from Banks by Jonathon Moore (D Phil thesis) (2000) (big download - 1.5MB!)

Restitution from Public Authorities: Past, Present and Future by Graham Virgo (July 2006) WORD

Restitution in America: Why the US Refuses to Join the Global Restitution Party by Chaim Saiman (Villanova Law/Public Policy Research Paper) (ssrn) (April 2007) PDF

Restitution in public concern cases by Candace Saari Kovacic-Fleischer (Loyola of Los Angeles Law Rev) (2003)

Restitution: The Heart of Corrective Justice by Lionel Smith (Texas Law Rev Symposium) (2001) +

Restitution without corrective justice by Prince Saprai

Restitutionary Developments under Part VI, Malaysian Contracts Act 1950 by Cheong May Fong (abstract only) (Australian Jour of Asian Law)

Restitution's Realism by Hanoch Dagan (ssrn) (March 2008) PDF

Restoring Restitution (review of Hanoch Dagan, The Law and Ethics of Restitution) by Ernest J Weinrib (Virginia Law Rev) (2005)

Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position by John D McCamus (Washington and Lee Law Rev) (2008) PDF

Riddles, Remedies and Restitution: Quantifying Gain in Unjust Enrichment Law by Kit Barker (University of Queensland TC Beirne School of Law Research Paper) (ssrn) (2001) PDF

Rights and Other Things by Robert Stevens (ssrn) (July 2010) PDF

Rights, Remedies, and Causes of Action by Stephen Smith (ssrn) (2008) PDF

Rome II Resources (Diana Wallis MEP)

Rybna 9, Praha 1: Restitution and Memory in International Human Rights Law by Patrick Macklem (ssrn) (November 2004)

Spinning restitution: from cauliflower to coconut by Elaine W Shoben (Loyola of Los Angeles Law Rev) (2003)

Taxonomy for Justifying Legal Intervention in an Imperfect World: What to do when Parties Have Not Achieved Bargains or Have Drafted Incomplete Contracts by Juliet P Kostritsky (ssrn) (2004)

Ten questions for 'unjust enrichment' theorists by Steve Hedley (Web Jour of Current Legal Issues) (1997)

The Canadian Constructive Trust and the French Negotiorum Gestio: Two Institutions Serving one Same Legal Concept? by Audrey S Benguira (abstract only) (Global Jurist) (2003)

The change of position defence in restitution by Jonathan Dawe (abstract only) (Univ Toronto Fac Law Rev) (1994)

The Characterization of Unjust Enrichment In the Conflict of Laws by Stephen Pitel (ssrn) (June 2009) PDF

The choice between restitution and compensation by C Gray (abstract only) (European Jour of International Law) (1999)

The Defence of 'Change of Position' in English and German Law of Unjust Enrichment by Florian Mächtel (German Law Journal) (January 2004)

The distributive foundation of corrective justice by Hanoch Dagan (Michigan Law Rev) (1999)

The early history of Contract by Henry Maine (from Ancient Law (1861)) (also here)

The Empire Strikes Back? A Restatement of the Law of Unjust Enrichment by Steve Hedley (Melbourne Univ Law Rev) (December 2004)

The history of assumpsit. ii. Implied assumpsit by JB Ames (Harvard Law Rev) (1888)

The Judicial Doctrine of Unjust Enrichment by U Chan Tun Aung (2002)

The Jury's Role In Deciding Normative Issues in the American Common Law by Mark P Gergen (Fordham Law Rev) (1999)

The Principle of Unjust Enrichment and Formation of Contract: The Importance of a Hidden Policy Factor by Jan Smits (European Rev of Private Law) (ssrn) (2006) PDF

The Problem of Classification in Private Law by Darryn Jensen (Melbourne Univ Law Rev) (2007)

The Purpose of Awarding Restitutionary Damages: A Reply to Professor Weinrib by James Gordley (abstract only) (Theor Inq in Law) (January 2000)

The Reemergence of Restitution: Theory and Practice in the Restatement (Third) of Restitution by Chaim Saiman (Villanova Law/Public Policy Research Paper) (ssrn) (October 2006) (also here)

The Reliance Interest in Contract Damages: 1 and 2 by LL Fuller and William R Perdue, Jr (Yale Law Jour) (1936) (courtesy of bepress) (both are large files - over 5Mb each!) (part 1 also here and here)

The Role of Illegality in the English Law of Unjust Enrichment by William Swadling (Oxford Univ Comparative Law Forum 5) (2000) (there is a discussion forum for this article)

The Role of Negligence in the Law of Restitution by Patrick Luff (ssrn) (March 2009) PDF

The Rome II Regulation on the Law Applicable to Non-Contractual Obligations by Xandra Kramer (Nederlands Internationaal Privaatrecht) (ssrn) (2008) PDF

The scope and structure of unjust enrichment by Dennis Klimchuk (Univ of Toronto Law Jour) (2007) PDF

The structure of unjust enrichment law: is restitution a right or a remedy? by Stephen A Smith (Loyola of Los Angeles Law Rev) (2003)

Three Models of the Place of Quantum Meruit in the Law of Obligations by Gareth Jamieson (ssrn) (March 2009) PDF

Toward a positive economic theory of negative liability by Giuseppe Dari Mattiacci (GMU Faculty Working Papers) (also here) (2003)

Toward a positive economic theory of negative liability by Giuseppe Dari Mattiacci (GMU Faculty Working Papers) (2003)

Towards An Economic Theory of Unjust Enrichment Law by Niva Elkin-Koren and Eli Salzberger (ssrn) (also here, here and here) (International Rev of Law and Economics) (2003)

Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and its Reasons by Kit Barker (2004) (ssrn) PDF

Unjust Enrichment by David Ibbetson (sample book chapter)

Unjust Enrichment: A Middle Course? by Steve Hedley (abstract only) (Oxf Univ Comm Law Jour) (2003) (also here)

Unjust Enrichment and Quasi Contracts by Christopher T Wonnell

Unjust Enrichment As A Principle of Australian Constitutionalism by Brian F Fitzgerald

Unjust Enrichment: Nearer to Tort than Contract by Stephen Smith (ssrn) (2009) PDF

Unjust enrichment, pursuance of self-interest, and the limits of free riding by Daniel Friedmann (Loyola of Los Angeles Law Rev) (2003)

Unjust Enrichment - Sweden by Mårten Schultz (for The Study Group on a European Civil Code) (2000)

Unjust Enrichment Unjustly Ignored: Opportunities and Pitfalls in Bringing Unjust Enrichment Claims Under ICSID by Ana T Vohryzek-Griest (Yale Law School Student Scholarship Series) (2008) PDF

Unjust Factors and the Restitutionary Response by Mindy Chen-Wishart (Oxf Jour Leg Stud) (2000)

Unjust Factors or Restitution of Transfers Sine Causa by Duncan Sheehan (Oxf Univ Comp Law Forum) (June 2008)

Valuing Restitution by Steven Boyce (also here and here) (1999)

What Has Equity To Do With Restitution? Does It Matter? by Keith Mason (Chancery Bar Association, Inner Temple) (November 2006)

What is Specific About 'Specific Restitution'? by Colleen Murphy (Hastings Law Journal) (ssrn) (January 2009)

What is Unjust Enrichment? by Charlie Webb (abstract only) (Oxford Journal of Legal Studies) (2009)

What Right Does Unjust Enrichment Law Protect? by Jennifer M Nadler (2008) (Oxford Jour of Legal Studies) (abstract only)

When is enrichment unjust? Restitution visits an onyx bathroom by Doug Rendleman (Loyola of Los Angeles Law Rev) (2003)

 

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