Solving the Pro Bono Mismatch
The pro bono interests of law firm lawyers tend to differ from the actual legal needs of the poor. This difference results in the mismatch problem or the incongruence between …
Concepts, not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, and Precedent
The battle lines are drawn on the permissibility and validity of so-called “nationwide” injunctions—injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law[2] against all possible …
The Constitutionality of Nationwide Injunctions
Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This …
Preserving the Nationwide National Government Injunction to Stop Illegal Executive Branch Activity
And some things that should not have been forgotten were lost. History became legend. Legend became myth. –Lord of the Rings[2] Introduction When someone successfully sues a federal executive branch …
Toward Establishing a Pre-Extinction Definition of “Nationwide Injunctions”
Then it dawned upon me with a certain suddenness that I was different from the others . . . . –W.E.B. DuBois[2] I start this piece with a personal narrative because I …
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National Injunctions: What Does the Future Hold?
This year the 27th Annual Ira C. Rothgerber Conference brought scholars and lawyers from all over the country to discuss one of the most salient legal issues today—the propriety of …
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A Conversation with Associate Justice Elana Kagan
University of Colorado Law Review Volume 91, Issue 3 2020 A Conversation with Associate Justice Elena Kagan Justice Elena Kagan[1] Annual John Paul Stevens Lecture University of Colorado Law School …
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When Congress Requires Nationwide Injunctions
A curious provision of the Immigration and Nationality Act (INA) precludes class actions challenging expedited removal, the system of fast-track deportations for individuals who have recently entered the country. The …
Seeing Beyond Courts: The Political Context of the Nationwide Injunction
Introduction “Judge Blocks Trump . . . .”[2] This headline became a media staple when reporting on lawsuits challenging various Trump Administration policies—many of which sought injunctive relief on a nationwide scale. Two …
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Honoring Sally Jewell
Introduction of Secretary Jewell as Keynote Speaker Martz Winter Public Lands Symposium Getches-Wilkinson Center March 1, 2019 John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, …