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.
Standing
Caitlan M. Sussman
Caitlan M. Sussman is a J.D. Candidate at the University of Chicago Law School, Class of 2022. She received her B.A., summa cum laude, from Cornell University in 2016.
The author would like to thank the members of the Law Review’s Online Team for their invaluable comments and edits. She would also like to thank her family for their unconditional support.
When British authorities dragged Julian Assange out of the Ecuadorian embassy in London in April 2019, the Australian-born founder of the whistleblowing platform, WikiLeaks, was no stranger to displacement.
Tony Leyh
Tony Leyh is an Articles Editor of The University of Chicago Law Review and a J.D. Candidate in the University of Chicago Law School Class of 2022. He received his B.A. from Eckerd College in 2013 and his Ph.D. from Emory University in 2020.
Corey K. Brady
BA 2010, Florida State University; JD Candidate 2015, The University of Chicago Law School
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law; Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School
My thanks to Bijan Aboutorabi, The University of Chicago Law School Class of 2018, and Philip Cooper, The University of Chicago Law School Class of 2017, for their valuable research assistance.
I. Contract Damages
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