Article III

Online
Response
Opening Up Intervention to Check Agency Costs
Stephanos Bibas
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit and a Senior Fellow at the University of Pennsylvania Law School.

He thanks his clerks Nathan Pinnell and Isabella Soparkar for outstanding research assistance.

Professor Monica Haymond’s Intervention and Universal Remedies article invites scholars to focus on the distinctive ways that public law litigation plays out in practice. This Essay takes up her challenge. By questioning common assumptions at the core of structural-reform litigation, this Essay explains the dangers of consent decrees, settlements, and broad precedents. It then goes on to argue that intervention is an important check on these risks, and should be much more freely available in structural reform cases.

Article III Civil Procedure Remedies Standing

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