Topic
Equitable Remedies
Posts
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ArticleVol. 103 · Iss. 5
Ex Parte Young Redux
Abstract Trump v. CASA, Inc., the first high-profile Supreme Court case challenging President Trump’s birthright-citizenship executive order, cemented a seismic shift in federal courts’…
Katherine Mims Crocker -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
ArticleVol. 102 · Iss. 3
Ameliorative Infringement and Public Interest Damages
Examining the field of trademark law, this article contemplates the potential commercial benefits of infringement—to the holder of the infringed-on mark. Infringement may benefit…
Karl M.F. Lockhart -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
ArticleVol. 102 · Iss. 2
The Original Meaning of Equity
Equity is seeing a new wave of attention in scholarship and practice. Yet, as this Article argues, our current understanding of equity is divided…
Asaf Raz -
NoteVol. 101 · Iss. 4
The Law of Vibes: Much Ado About Preliminary Injunctions
Federal courts are in the midst of a crisis of legitimacy. Faith in the judiciary has plunged to historically low levels, leading the Biden…
Jacob Cogdill -
NoteVol. 101 · Iss. 3
Confounding Interests: Next-Best Alternatives to the Unattainable Notion of Complete Fairness in Cy-Pres-Only Class Action Settlements
Taken to its idealistic extent, the American legal system is designed to provide relief from harms through an efficient, effective, and fair process. It…
Lauryn Masters -
ArticleVol. 101 · Iss. 1
Rethinking Preliminary Remedies
It is universally assumed that courts, when picking a preliminary remedy, should consider more than the legal merits. They also should consider factors like…
Eric Brooks -
ArticleVol. 100 · Iss. 2
Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit
Abstract Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule.…
J. Jonas Anderson, Paul R. Gugliuzza & Jason A. Rantanen -
NoteVol. 99 · Iss. 4
The Good Faith Inquiry: What About the Worker Ants?
Introduction Charming leader, credible scientist, media darling, political icon—each of these terms could be used to describe Wang Fengyou, chief executive officer and chairman…
Katherine Griffin -
ArticleVol. 99 · Iss. 3
Antitrust Harm and Causation
Introduction This article addresses a question at the core of antitrust enforcement: how should government enforcers or other plaintiffs identify and address harm from…
Herbert Hovenkamp -
ArticleVol. 99 · Iss. 1
Churn
ABSTRACT From biopharmaceuticals to information technology, patents play a powerful role in the birth, death, and renewal of innovative industries. While patent scholarship has…
Peter Lee