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In Defense Of Nationwide Injunctions, Amanda Frost
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 the U.S. Supreme Court …
Teaching Restitution, Candace Kovacic-Fleischer
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 …