Minnesota Law Review

Note, Litigating the Contours of Constitutionality: Harmonizing Equitable Principles and Constitutional Values when Considering Preliminary Injunctive Relief

Preliminary injunctions are a frequently sought form of relief in public law litigation. However, federal courts are inconsistent in the tests they employ to grant or deny this relief. Two recent cases, Winter v. Natural Resources Defense Council and Planned Parenthood v. Rounds, highlight a particularly important doctrinal grey area: how structural constitutional considerations ought to interact with traditional equitable relief. This Note seeks to disentangle federalism and separation of powers concerns from the traditional purpose of preliminary injunctive relief, which is to minimize irreparable harm. It argues for preserving the sliding-scale approach traditionally used to effectuate this purpose and calls for Supreme Court guidance in articulating a comprehensive and uniform standard.

:: View PDF

News & Events

  • Volume 97 Lead Piece Profiled in New York Times

    The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]

  • Volume 98 Spring Submissions Closed

    The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.

  • Volume 98 Submissions Will Open Feb. 15

    The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.

  • Minnesota Law Review Announces Volume 98 Editorial Board

    The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.

  • Minnesota Law Review Announces 2013 Symposium Topic

    The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.

Newsletter

cforms contact form by delicious:days