The Intellectual History of Unjust Enrichment
Chapter One
Vol. 133 No. 6
Remedies
Introduction
Vol. 133 No. 6
In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most...
The Lost History of the “Universal” Injunction
Vol. 133 No. 3
The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by...
Congressional Intent to Preclude Equitable Relief — Ex Parte Young After Armstrong
Vol. 131 No. 3
The Supreme Court’s recent decision in Armstrong v. Exceptional Child Center, Inc. has raised concerns within the healthcare community and beyond that Armstrong’s limitation...
The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power
Vol. 131 No. 3
Scholars of administrative law focus overwhelmingly on lawsuits to review federal government action while assuming that, if plaintiffs win such lawsuits, the government will...
Class Actions, Civil Rights, and the National Injunction
Responding to Samuel L. Bray, Multiple Chancellors: Reforming the National Injunction
Response to Multiple Chancellors: Reforming the National Injunction
Vol. 131 No. 2
Nationwide Injunctions and Nationwide Harm
Responding to Samuel L. Bray, Multiple Chancellors: Reforming the National Injunction
Response to Multiple Chancellors: Reforming the National Injunction
Vol. 131 No. 2
Multiple Chancellors: Reforming the National Injunction
Vol. 131 No. 2
In several recent high-profile cases, federal district judges have issued injunctions that apply across the nation, controlling the defendants’ behavior with respect to nonparties....
A Contextual Approach to Harmless Error Review
Vol. 130 No. 7
Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for...
Anticipatory Remedies for Takings
Vol. 128 No. 6
The Supreme Court has rendered two lines of decisions about the remedies available for a violation of the Takings Clause. One line holds that...