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Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas
Akron Law Faculty Publications
This essay is part of a symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of "activist courts" and "judicial legislation" have colored the existing scholarship and portrayed remedial action as illegitimate …
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas
Tracy A. Thomas
This essay is part of a symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of "activist courts" and "judicial legislation" have colored the existing scholarship and portrayed remedial action as illegitimate …