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Full-Text Articles in Law
Coordinating Injunctions, Bert I. Huang
Coordinating Injunctions, Bert I. Huang
Faculty Scholarship
Consider this scenario: Two judges with parallel cases are each ready to issue an injunction. But their injunctions may clash, ordering incompatible actions by the defendant. Each judge has written an opinion justifying her own intended relief, but the need to avoid conflicting injunctions presses her to make a further choice – “Should I issue the injunction or should I stay it for now?” Each must make this decision in anticipation of what the other will do.
This Article analyzes such a judicial coordination problem, drawing on recent examples including the DACA cases and the “sanctuary cities” cases. It then …
Lightened Scrutiny, Bert I. Huang
Lightened Scrutiny, Bert I. Huang
Faculty Scholarship
The current anxiety over judicial vacancies is not new. For decades, judges and scholars have debated the difficulties of having too few judges for too many cases in the federal courts. At risk, it is said, are cherished and important process values. Often left unsaid is a further possibility: that not only process, but also the outcomes of cases, might be at stake. This Article advances the conversation by illustrating how judicial overload might entail sacrifices of first-order importance.
I present here empirical evidence suggesting a causal link between judicial burdens and the outcomes of appeals. Starting in 2002, a …