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- Title
IRREPARABILITY, I PRESUME? ON ASSUMING IRREPARABLE HARM FOR CONSTITUTIONAL VIOLATIONS IN PRELIMINARY INJUNCTIONS.
- Authors
Franklin, Beatrice Catherine
- Abstract
To prevail in a motion for a preliminary injunction, a plaintiff must show that he or she will otherwise be likely to suffer irreparable harm in the time it would take to reach a final judgment on the merits. When the alleged harm is the violation of a constitutional right, some courts do not require a further showing of irreparable injury, while others do. There is little doctrinal consistency across courts and across rights, due in part to the dearth of Supreme Court jurisprudence on the issue. This Note argues that courts should adopt a presumption that all constitutional violations are irreparable harms. Such an approach would provide the benefits of clarity and consistency, and would reconcile the value we ascribe to constitutional rights with the difficulty of vindicating their infringement in the face of government immunity doctrines.
- Subjects
UNITED States; PRELIMINARY injunctions; COURT orders; IRREPARABLE harm; CONSTITUTIONAL law; PRESUMPTIONS (Law); PRIVILEGES &; immunities (Law)
- Publication
Columbia Human Rights Law Review, 2014, Vol 45, Issue 2, p623
- ISSN
0090-7944
- Publication type
Article