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The death of the irreparable injury rule / Douglas Laycock.
- Format:
- Book
- Author/Creator:
- Laycock, Douglas, author.
- Series:
- Oxford scholarship online.
- Oxford scholarship online
- Language:
- English
- Subjects (All):
- Remedies (Law)--United States.
- Remedies (Law).
- Injunctions--United States.
- Injunctions.
- Specific performances--United States.
- Specific performances.
- Equitable remedies--United States.
- Equitable remedies.
- Equity--United States.
- Equity.
- Physical Description:
- 1 online resource (375 p.)
- Edition:
- 1st ed.
- Place of Publication:
- New York ; Oxford University Press, 2023.
- Language Note:
- English
- Summary:
- Drawing on an analysis of numerous cases, the author argues that the "irreparable injury" rule is defunct, since it no longer constrains a court's choice of remedy. He proposes new injury rules based on actual practice.
- Contents:
- Contents; 1. A Functional Approach to Choosing Remedies; 2. Irreplaceability; 3. Other Means of Escaping the Rule; 4. Why Courts Invoke the Rule; 5. Preliminary Relief; 6. Deference to Other Authority; 7. Avoiding Over Enforcement; 8. Other Substantive Reasons; 9. Other Procedural Reasons; 10. The Disparate Uses of a Code Phrase; 11. Holmes, Posner, and Efficient Breach; 12. Conforming Doctrine to Reality; TABLE OF CASES; TABLE OF SECONDARY SOURCES; INDEX
- Notes:
- Previously issued in print: 1991.
- Includes bibliographical references and index.
- Derived record based on print version record and publisher information.
- ISBN:
- 0-19-771887-6
- 1-280-52483-9
- 0-19-536251-9
- OCLC:
- 476013014
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