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Hazy Shades Of Winter: Resolving The Circuit Split Over Preliminary Injunctions, Rachel A. Weisshaar
Hazy Shades Of Winter: Resolving The Circuit Split Over Preliminary Injunctions, Rachel A. Weisshaar
Vanderbilt Law Review
The preliminary injunction is an extraordinarily powerful remedy. After only an initial hearing, a court can command the nonmovant to perform-or to refrain from performing-an action, enforceable by criminal contempt. This supposedly temporary form of relief is often, in practical terms, dispositive of the case because the preliminary injunction remains in effect unless and until a subsequent decision vacates it.
On The Efficient Deployment Of Rules And Standards To Define Federal Jurisdiction, Jonathan R. Nash
On The Efficient Deployment Of Rules And Standards To Define Federal Jurisdiction, Jonathan R. Nash
Vanderbilt Law Review
Congress and the federal courts have traditionally adopted rules, as opposed to standards, to establish the boundaries of federal district court jurisdiction. More recently, the Supreme Court has strayed from this path in two areas: federal question jurisdiction and admiralty jurisdiction. Commentators have generally supported the use of discretion in determining federal question jurisdiction, but they have not recognized the relationship to the rule-standard distinction, nor more importantly have they considered the importance of where discretion enters the jurisdictional calculus. This Article argues that predictability and efficiency make it normatively desirable to have rules predominate jurisdictional boundaries and thus to …
The Monster Under The Bed: The Imaginary Circuit Split And The Nightmares Created In The Special Needs Doctrine's Application To Child Abuse, Adam Pie
Vanderbilt Law Review
Kessler Wilkerson was only two years old on the morning of October 16, 1976. At approximately 10:30 a.m., neighbors heard loud noises emanating from inside the Wilkerson trailer, alongside the sound of Kessler's crying and his father's screams. Two hours later, the now-quiet father delivered his two-year-old son to the emergency medical technicians. Despite their attempts to resuscitate the boy en route to the hospital, Kessler was pronounced dead on arrival. Discoveries in the hours and days that followed made Kessler's death even worse. Kessler's autopsy revealed "multiple bruises all over the child's body and.., significant bleeding and a deep …