Standards for Enjoining Teacher Strikes: The Irreparable Harm Test and its Statutory Analogues
69 Iowa L. Rev. 853 (1984)
49 Pages Posted: 6 Aug 2019
Date Written: July 31, 2019
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
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