The Death of the Irreparable Injury Rule

Author: Douglas Laycock

Publisher: Oxford University Press on Demand

ISBN: 0195063562

Category: Literary Criticism

Page: 356

View: 9821


The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

Injunctive Relief

Temporary Restraining Orders and Preliminary Injunctions

Author: Kirstin Stoll-DeBell,Nancy Dempsey,Bradford Dempsey

Publisher: American Bar Association

ISBN: 9781604424027

Category: Law

Page: 459

View: 7149


The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.

Preventing Irreparable Harm

Provisional Measures in International Human Rights Adjudication

Author: Eva Rieter

Publisher: Intersentia Uitgevers N V


Category: Law

Page: 1200

View: 9888


International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.

Irreparable Harm

Author: Melissa F. Miller

Publisher: Brown Street Books

ISBN: 0983492719

Category: Fiction

Page: 417

View: 2662


A skillfully woven plot, surprising twists, and a cracking pace keep readers turning the pages in this gripping legal thriller from a USA Today Bestseller. Downloaded by more than one million readers! Attorney Sasha McCandless has one goal: Make partner at the best firm in town. Then a plum assignment plunges her into a world of deceit and danger. When a commercial flight crashes, killing everyone on board, she's tapped to defend the airline. It's her big chance ... high-stakes litigation for an important client. But, as she digs into the evidence, people close to the case start dying. She discovers the crash was intentional, caused by a smartphone app capable of overriding the cockpit controls. But she's not sure who she can trust with the horrifying truth. She teams up with a federal air marshal, and they race to prevent another airline disaster. Soon, Sasha finds herself with a brand-new life goal: Stop a madman before he kills her. Keywords: women sleuths, mystery & thriller, mystery series, legal thriller, suspense, murder, bestseller, Krav Maga, fast-paced, gripping, technothriller, female protagonist

Representing the irreparable

the Shoah, the Bible, and the art of Samuel Bak

Author: Danna Nolan Fewell,Gary Allen Phillips

Publisher: Syracuse Univ Pr


Category: Art

Page: 208

View: 7611


"The art of Samuel Bak entrances. It also disquiets. The subject matter of Bak's painting is anything but easy. Bak weaves together personal history and Jewish history to articulate an iconography of his Holocaust experience. Across nearly seven decades of artistic production Samuel Bak has explored and reworked a set of metaphors, a visual grammar, and a vocabulary that ultimately privileges questions. His revisions of Genesis stories, as well as of New Testament motifs of crucifixion and apocalypse, defamiliarize these texts and our conventional ways of reading them. For readers of the Bible, whether scholar or lay, the juxtaposition of ancient sacred story with modern suffering story challenges us to see the biblical text in a different light, illumined both by the light of reason and the glow of crematoria furnaces. Samuel Bak preserves memory of the twentieth century ruination of Jewish life and culture by way of an artistic passion and precision that stubbornly announces the creativity of the human spirit."--BOOK JACKET.

Karl Marx: The Story of His Life

Author: Franz Mehring

Publisher: Routledge

ISBN: 113455883X

Category: Biography & Autobiography

Page: 608

View: 1556


Containing footnotes and an extensive bibliography, this edition of Franz Mehring's classic biography is designed to assist the English-speaking reader towards a better understanding of Marx, his work and a history of Marxism. The book is divided into parts as follows: Early Years; A Pupil of Hegel; Exile in Paris; Friedrich Engels; Exile in Brussels; Revolution and Counter-Revolution; Exile in London; Marx and Engels; The Crimean War and the Crisis; Dynastic Changes; The Early Years of the International; 'Das Kapital'; The Zenith and Decline of the International; The Last Decade.

The Life of George Frederick Handel

With an Introductory Notice by George Grove

Author: William Smith Rockstro,George Grove

Publisher: Cambridge University Press

ISBN: 1108064817

Category: Music

Page: 476

View: 9573


An 1883 biography of Handel, the larger-than-life and much-acclaimed composer whose works remain a staple of concert life.

Life of Mozart:

Author: Otto Jahn

Publisher: Cambridge University Press

ISBN: 1108064833

Category: Music

Page: 490

View: 4282


The 1882 three-volume English translation of the 1867 second edition of a landmark biography of Wolfgang Amadeus Mozart (1756-91).