Abstract

http://ssrn.com/abstract=2046149
 
 

Footnotes (212)



 


 



The Supreme Court's Accidental Revolution? The Test for Permanent Injunctions


Mark P. Gergen


University of California, Berkeley - School of Law

John M. Golden


The University of Texas at Austin - School of Law

Henry E. Smith


Harvard Law School

March 2012

Columbia Law Review, Vol. 112, No. 2, 2012
U of Texas Law, Public Law Research Paper No. 220

Abstract:     
A brusque opinion by the U.S. Supreme Court in a patent case has launched a revolution in the law of equitable remedies. The Court’s opinion in eBay Inc. v. MercExchange, L.L.C. asserted that it was merely upholding “traditional principles” regarding when injunctions should issue. But in circuit after circuit and for subject matter ranging from federal constitutional law to state tort law, lower courts have understood eBay to abrogate longstanding approaches. Focusing on the law for permanent injunctions, this Article examines the eBay opinion and the far-reaching changes that have resulted. For a better perspective on these changes, this Article discusses how courts historically have addressed equity’s traditional concerns with risks of irreparable injury and the balance of hardships. Finally, this Article provides a normative account of the structured sets of equitable presumptions and safety valves that current understandings of eBay threaten to sweep aside.

Number of Pages in PDF File: 47

Accepted Paper Series


Download This Paper

Date posted: April 25, 2012  

Suggested Citation

Gergen, Mark P. and Golden, John M. and Smith, Henry E., The Supreme Court's Accidental Revolution? The Test for Permanent Injunctions (March 2012). Columbia Law Review, Vol. 112, No. 2, 2012; U of Texas Law, Public Law Research Paper No. 220. Available at SSRN: http://ssrn.com/abstract=2046149

Contact Information

Mark P. Gergen
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
John M. Golden (Contact Author)
The University of Texas at Austin - School of Law ( email )
School of Law
727 East Dean Keeton Street
Austin, TX 78705
United States
(512) 232-1469 (Phone)

Henry E. Smith
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
Feedback to SSRN


Paper statistics
Abstract Views: 682
Downloads: 145
Download Rank: 113,303
Footnotes:  212

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.547 seconds