Article:
Doug Rendleman, Beyond Contempt: Obligors to Injunctions,
53 Texas L. Rev. 873 (1975).
Abstract:
In determining whether a person must conform his conduct to an
injunction, contempt courts face interesting and challenging
issues of continuing concern. The courts articulate the guiding
principle with relative ease: the contemnor has no obligation to
obey whenever the reach of contempt exceeds the grasp of the
relevant injunction. But their conclusions often dismay the
perceptive observer. Traditional analysis has produced this
situation by expounding conclusory doctrine without giving
sufficient consideration to the salient facts of cases, proper
procedural principles, or underlying social realities. Moreover,
doctrinal complexity continually leads courts astray, causing
them to exonerate those they should hold in contempt and hold in
contempt those they should absolve. Most importantly, few issues
present more crucial problems concerning the role of the courts
in the total scheme of governmental control of private conduct.
This article examines existing doctrine and reveals its
inadequacies in order to foster both productive analysis and
fair results. In addition, it endeavors to posit a frame of
reference based on separation of powers broad enough to
encompass the major obligor issues.