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- Title
THE PRELIMINARY INJUNCTION STANDARD: UNDERSTANDING THE PUBLIC INTEREST FACTOR.
- Authors
Moore, M. Devon
- Abstract
Under Winter v. NRDC, federal courts considering a preliminary injunction motion look to four factors, including the public interest impact of the injunction But courts do not agree on what the public interest is and how much it should matter This Note describes the confusion over the public interest factor and characterizes the post-Winter circuit split as a result of this confusion By analyzing the case law surrounding the public interest factor, this Note identifies three aspects of a case that consistently implicate the direction and magnitude of this factor: the identity of the parties, the underlying cause of action, and the scope of injunctive relief By centering the public interest factor on these three aspects, courts and litigants will achieve a unified conception of the public interest factor.
- Subjects
UNITED States; PRELIMINARY injunctions; PUBLIC interest; NATURAL Resources Defense Council; UNITED States. Supreme Court; PLAINTIFFS
- Publication
Michigan Law Review, 2019, Vol 117, Issue 5, p939
- ISSN
0026-2234
- Publication type
Article
- DOI
10.36644/mlr.117.5.preliminary