Injunctions and the Irreparable Injury Rule
Publisher
Texas Law Review
Date
1979-8
The Civil Rights Injunction is of more general legal interest than its title suggests. It is only incidentally about civil rights; its thesis concerns all injunctions and, inferentially, all of equity. The book is a plea for abolition of the rules that subordinate equitable remedies to legal remedies--the irreparable injury rule, the prior restraint rule, and the dying rules that equity protects only property rights and will not enjoin a crime. These rules create a remedial hierarchy in which legal remedies are presumptively appropriate, and in which equitable remedies are used only if legal remedies are inadequate and no other subordinating rule interferes.
Citation
Douglas Laycock, Injunctions and the Irreparable Injury Rule (reviewing Owen M. Fiss, The Civil Rights Injunction) 57 Texas Law Review 1065–1084 (1979).