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Full-Text Articles in Law

The Constitutionality Of Nationwide Injunctions, Alan M. Trammell Jan 2020

The Constitutionality Of Nationwide Injunctions, Alan M. Trammell

University of Colorado Law Review

Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This Essay focuses on the narrow question of whether the Article III judicial power prohibits nationwide injunctions. It doesn't.

This Essay confronts and dispels the two most plausible arguments that nationwide injunctions run afoul of Article III. First, it shows that standing jurisprudence does not actually speak to the scope-of-remedy questions that nationwide injunctions present. Second, it demonstrates that the Article III judicial power is not narrowly defined in terms of …


Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman Jan 2020

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman

University of Colorado Law Review

No abstract provided.


National Injunctions: What Does The Future Hold?, Suzette Malveaux Jan 2020

National Injunctions: What Does The Future Hold?, Suzette Malveaux

University of Colorado Law Review

No abstract provided.


Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland Jan 2020

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

University of Colorado Law Review

No abstract provided.


Toward Establishing A Pre-Extinction Definition Of "Nationwide Injunctions, Portia Pedro Jan 2020

Toward Establishing A Pre-Extinction Definition Of "Nationwide Injunctions, Portia Pedro

University of Colorado Law Review

No abstract provided.