Standards for Enjoining Teacher Strikes: The Irreparable Harm Test and its Statutory Analogues

49 Pages Posted: 6 Aug 2019

See all articles by Susan Frelich Appleton

Susan Frelich Appleton

Washington University in St. Louis - School of Law

Date Written: July 31, 2019

Abstract

In the late 1960s courts began to use the irreparable harm standard in proceedings to enjoin teacher strikes, instead of issuing automatic injunctions based on the illegality of strikes by public sector employees. In analyzing such judicial applications of irreparable harm and analogous standards, this article identifies several problems — from inconsistency to frequent prolongation of strikes to disregard of educational consequences — and concludes with suggested alternatives more suited to the particular context and the distinctive impacts of teacher strikes.

Keywords: injunctions, irreparable harm, education, teachers, illegal strikes

Suggested Citation

Appleton, Susan Frelich, Standards for Enjoining Teacher Strikes: The Irreparable Harm Test and its Statutory Analogues (July 31, 2019). 69 Iowa L. Rev. 853 (1984); Washington University in St. Louis Legal Studies Research Paper No. 19-07-06. Available at SSRN: https://ssrn.com/abstract=3430758

Susan Frelich Appleton (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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