Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas Dec 2007

The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas

Akron Law Faculty Publications

The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of …


The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas Dec 2007

The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas

Tracy A. Thomas

The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of …


Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl Jun 2007

Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: J.B. Ruhl, Florida State University Law School

18 slides


Public Health Law As Administrative Law: Example Lessons, Edward P. Richards Jan 2007

Public Health Law As Administrative Law: Example Lessons, Edward P. Richards

Journal of Health Care Law and Policy

No abstract provided.


Economic Emergency And The Rule Of Law, Bernadette Meyler Jan 2007

Economic Emergency And The Rule Of Law, Bernadette Meyler

Cornell Law Faculty Publications

Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …


"Public-Private" Health Law: Multiple Directions In Public Health, Nan D. Hunter Jan 2007

"Public-Private" Health Law: Multiple Directions In Public Health, Nan D. Hunter

Journal of Health Care Law and Policy

No abstract provided.


Law And Government Institute: Rapid Growth In Faculty, Offerings, Speakers, John L. Gedid Dec 2006

Law And Government Institute: Rapid Growth In Faculty, Offerings, Speakers, John L. Gedid

John L. Gedid

No abstract provided.