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
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.
In Naruto v. Slater (9th Cir. 2018), Naruto, a Celebes crested macaque from Sulawesi, Indonesia, snapped several “selfies” on wildlife photographer David Slater’s unattended camera.
I. Contract Damages