Law | Open Access Articles | Digital Commons Network™

In Defense Of Nationwide Injunctions, Amanda Frost Jan 2018

In Defense Of Nationwide Injunctions, Amanda Frost

Articles in Law Reviews & Other Academic Journals

With increasing frequency, courts are issuing nationwide injunctions barring the executive from enforcing federal laws and policies against anyone, not just the plaintiffs in the case before them. Nationwide injunctions halted President Obama’s initiative granting deferred action to undocumented immigrants and his Department of Education’s interpretive guidance on the treatment of transgender students in public schools. More recently, courts have enjoined nationwide President Trump’s travel ban, as well as his Administration’s policy of withholding federal funds from “sanctuary cities.” Legal scholars have criticized the practice, Congress is considering legislation to prohibit it, and commentators are urging ...

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What Is Specific About Specific Restitution, Colleen P. Murphy Mar 2009

What Is Specific About Specific Restitution, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

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The Trial Judge's Equitable Discretion Following Ebay V. Mercexchange, Doug Rendleman Jan 2007

The Trial Judge's Equitable Discretion Following Ebay V. Mercexchange, Doug Rendleman

Scholarly Articles

None available.

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Petitioner's Brief, Richard B. Collins Jan 2004

Petitioner's Brief, Richard B. Collins

Articles

No abstract provided.

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Teaching Restitution, Candace Kovacic-Fleischer Jan 2001

Teaching Restitution, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: Equitable Remedies and Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what "extraordinary remedies" were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies courses ...

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Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden Nov 1998

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications

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The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson Jan 1997

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the ...

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Irreparability Irreparably Damaged, Doug Rendleman Jan 1992