Book Review:
Douglas Laycock, Injunctions and the Irreparable Injury Rule,
reviewing: The Civil Rights Injunction by Owen M. Fiss, 57
Texas L. Rev. 1065 (1979).
Abstract:
Professor Laycock’s review examines the book, “The Civil Rights
Injunction,” and its relations to the irreparable injury rule.
Laycock argues that Owen Fiss’ attack on that rule is a valuable
and long-needed contribution. However, he argues Fiss’
supporting argument has flaws that unnecessarily invite counter
attacks. Laycock attempts to fill in gaps in Fiss’ argument and
to insulate the conclusion that he values from passages that he
feels will antagonize potential critics. Laycock concludes by
stating what is needed is not a simple presumption in favor of
other legal remedies or equitable remedies, but a willingness to
weigh the advantages and disadvantages of each remedy in
particular cases or categories of cases.