nofollow noopener
انتشار: اردیبهشت 04، 1403
بروزرسانی: 28 خرداد 1404

nofollow noopener


Tomorrow the Supreme Court will hear ، argument in\xa0Starbucks Corp. v. McKinney. Read more in this piece at ScotusBlog by Ronald Mann. The question concerns the standard for ،ctions sought by the NLRB.

Here is a note from the forthcoming edition of Ames, Chafee, and Re on Remedies, my casebook with Emily Sherwin:

NOTE ON GOVERNMENT PLAINTIFFS IN EQUITY
Does it matter that the plaintiff is the government? Or do the same equitable powers and limitations apply? Cf. National Labor Relations Board. v. P*I*E Nationwide, Inc., 894 F.2d 887, 893 (7th Cir. 1990) (Posner, J.): "The issuance of an ،ction is the exercise of an equitable power, and is subject to the equitable constraints that have evolved over centuries in recognition of the heavy costs that ،ctions can impose (including costs to innocent third parties) and the ،ential severities of contempt. . . . The principles of equitable juris،nce are not suspended merely because a government agency is the plaintiff."



منبع: https://reason.com/volokh/2024/04/22/equity-isnt-venti-for-the-government/