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Full-Text Articles in Legal Remedies
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Popular Media
No abstract provided.
Constitutional Remedies And Public Interest Balancing, John M. Greabe
Constitutional Remedies And Public Interest Balancing, John M. Greabe
William & Mary Bill of Rights Journal
The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
Faculty Publications
No abstract provided.
The New Due Process: Rights And Remedies, Doug R. Rendleman
The New Due Process: Rights And Remedies, Doug R. Rendleman
Faculty Publications
This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.