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Full-Text Articles in Legal Remedies
Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman
Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman
Washington and Lee Law Review
No abstract provided.
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
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 …