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Injunctions

Selected Works

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Full-Text Articles in Legal Remedies

“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman May 2018

“Nationwide” Injunctions Are Really “Universal” Injunctions And They Are Never Appropriate, Howard Wasserman

Howard M Wasserman

Federal district courts are routinely issuing broad injunctions prohibiting the federal government from enforcing constitutionally invalid laws, regulations, and policies on immigration and immigration-adjacent issues. Styled “nationwide injunctions,” they prohibit enforcement of the challenges laws not only against the named plaintiffs, but against all people and entities everywhere.

The first problem with these injunctions is one of nomenclature. “Nationwide” suggests something about the “where” of the injunction, the geographic scope in which it protects. The better term is “universal injunction,” which captures the real controversy over the “who” of the injunction, as courts purport to protect the universe of all …

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In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis Feb 2013

In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis

John F. Preis

If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifi- cally barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments—one based on the historical relationship between law and equity and the other based on separation of powers principles—could …

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Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman Dec 2012

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Doug Rendleman

No abstract provided.

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Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman Dec 2012

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Doug Rendleman

No abstract provided.

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The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman Dec 2012

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Doug Rendleman

No abstract provided.

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Statutory Violations And Equitable Discretion, Zygmunt J.B. Plater Oct 2011

Statutory Violations And Equitable Discretion, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Equity, that ancient and amiable dowager of Anglo-American law, often appears to have ambled through the twentieth century free of the stress and strains that have belabored the common law. A closer analysis of the practice and logic of equity in the modern statutory context, however, undercuts that appearance of immutability. The resulting recasting of equitable doctrines has important implications, not only for equity theory, but also for contemporary legal analysis of administrative law, the relationship between courts and legislatures, and modern pluralistic democracy.

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