Catalogue 2019 - 2020

LAW 731 Remedies



Course Description

This course focuses exclusively on the equitable remedy of injunction. Since the King's Chancellor first devised it hundreds of years ago, the injunction has been both the scourge and the savior of litigants. The course will explore its use in modern litigation, covering a range of subjects including antitrust, discrimination, environmental protection, institutional reform (e.g., schools, prisons, and police), and the special place occupied by First Amendment rights. The focus of the course, however, will not be on the substantive law of these areas of interest, but rather on the prerequisites for securing injunctive relief. In addition to the permanent injunction, we will discuss the availability of the temporary restraining order, so critical, for example, in domestic violence matters, and the preliminary injunction, so crucial, for example, in corporate takeover battles. Finally, the scope of the injunctive decree and the enforcement mechanisms for it, such as contempt, deserve some attention as well.