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The Death of the Irreparable Injury Rule - Douglas Laycock

The Death of the Irreparable Injury Rule

Hardcover Published: 17th January 1991
ISBN: 9780195063561
Number Of Pages: 374

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The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

"Every lawyer who studies or participates in our curious enterprise of constitutional government through courts should scrutinize Douglas Laycock's outstanding book. "Professor Laycock has written a book that every litigator should know. He explodes a powerful myth and shows us through analysis of cases from every state and the federal system that "irreparable injury" is a formula invoked to bless results based on other reasons....Laycock patiently and ably catalogs the circumstances in which specific relief is granted and for each one shows us that irreparable injury is not the court's concern."--Litigation "A great service to the law--first rate Grand Style stuff,"--Ian Macneil, Northwestern University "I was reminded of Cardozo, of Chafee, and even of Maitland in the power Laycock seemed to have over the ideas and in the sweep of materials he was able to bring to bear. Writers, judges, and lawyers will all rely on his final effort to restate the real forces behind the irreparable injury rule as specific rules or principles."--Dan B. Dobbs, University of Arizona "[A] perceptive work, and a....very useful source...of recent American cases taking unorthodox views of specific remedies....[T]his is an interesting, well-argued and thoughtful book."--Civil Justice Quarterly "Every lawyer who studies or participates in our curious enterprise of constitutional government through courts should scrutinize Douglas Laycock's outstanding book. "Professor Laycock has written a book that every litigator should know. He explodes a powerful myth and shows us through analysis of cases from every state and the federal system that "irreparable injury" is a formula invoked to bless results based on other reasons....Laycock patiently and ably catalogs the circumstances in which specific relief is granted and for each one shows us that irreparable injury is not the court's concern."--Litigation "A great service to the law--first rate Grand Style stuff,"--Ian Macneil, Northwestern University "I was reminded of Cardozo, of Chafee, and even of Maitland in the power Laycock seemed to have over the ideas and in the sweep of materials he was able to bring to bear. Writers, judges, and lawyers will all rely on his final effort to restate the real forces behind the irreparable injury rule as specific rules or principles."--Dan B. Dobbs, University of Arizona "[A] perceptive work, and a....very useful source...of recent American cases taking unorthodox views of specific remedies....[T]his is an interesting, well-argued and thoughtful book."--Civil Justice Quarterly "Breathtaking--and utterly convincing. I don't think I'll be teaching this section of contracts in the same way next fall."--Elizabeth Warren, University of Pennsylvania "A comprehensive and fine work that will be a significant contribution to the field of equitable remedies, of interest to scholars, lawyers, and judges."--Mary Kay Kane, University of California, San Francisco "Laycock's carefully researched and clearly written statements of present doctrine push back the frontiers of learning; they will, if they find their way into the professional vernacular, improve students' and lawyers' understanding, judges' decisions, and the administration of justice."--Michigan Law Review

Prefacep. vii
Acknowledgmentsp. xi
A Functional Approach to Choosing Remediesp. 3
Notes on Choosing Remediesp. 24
Irreplaceabilityp. 37
Notes on Irreplaceabilityp. 48
Other Means of Escaping the Rulep. 73
Notes on Other Means of Escapep. 84
Why Courts Invoke the Rulep. 99
Notes on Invoking the Rulep. 106
Preliminary Reliefp. 110
Notes on Preliminary Reliefp. 123
Deference to Other Authorityp. 133
Notes on Deferencep. 142
Avoiding Over Enforcementp. 160
Notes on Over Enforcementp. 174
Other Substantive Reasonsp. 193
Notes on Substantive Reasonsp. 202
Other Procedural Reasonsp. 213
Notes on Procedural Reasonsp. 224
The Disparate Uses of a Code Phrasep. 237
Notes on a Code Phrasep. 243
Holmes, Posner, and Efficient Breachp. 245
Notes on Efficient Breachp. 260
Conforming Doctrine to Realityp. 265
Notes on Conforming Doctrinep. 283
Table of Casesp. 287
Table of Secondary Sourcesp. 329
Indexp. 341
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780195063561
ISBN-10: 0195063562
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 374
Published: 17th January 1991
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 21.7 x 14.8  x 3.0
Weight (kg): 0.57