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Can And Should Universal Injunctions Be Saved?, Szymon S. Barnas
Can And Should Universal Injunctions Be Saved?, Szymon S. Barnas
Vanderbilt Law Review
The practice of a federal district court judge halting the government's enforcement of an executive action against not only the parties before the court but against anyone, anywhere, may be coming to an end. Multiple Supreme Court Justices have expressed their skepticism in the propriety of universal injunctions. The growing scholarly consensus is that there should be a brightline rule against them. If the universal injunction's demise is impending and the class action's demise continues unabated, obtaining systemwide relief may be difficult when such relief may be most needed.
This Note considers whether universal injunctions can and should be saved. …
Private Enforcement In Administrative Courts, Michael Sant'ambrogio
Private Enforcement In Administrative Courts, Michael Sant'ambrogio
Vanderbilt Law Review
Scholars debating the relative merits of public and private enforcement have long trained their attention on the federal courts. For some, laws giving private litigants rights to vindicate important policies generate unaccountable private attorneys general" who interfere with public enforcement goals. For others, private lawsuits save cash-strapped government lawyers money, time, and resources by encouraging private parties to police misconduct on their own. Yet largely overlooked in the debate is enforcement inside agency adjudication, which often is depicted as just another form of public enforcement, only in a friendlier forum.
This Article challenges the prevailing conception of administrative enforcement. Based …