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Will Presumptive Injunctions Against Infringers Be Relics of the Past?

In American law, courts exercise their awesome powers through injunctions. Courts have used injunctions to implement decisions addressing many of the most divisive social issues of the day: from integrating public schools to even arguably affecting presidential elections. </i>E.g., Bush v. Gore,</i> 531 U.S. 98 (2000) (enjoining Florida ballot recount); <i>Brown v. Board of Education,</i> 349 U.S. 294 (1955) (directing district courts to supervise "transition to a system of public education freed of racial discrimination"). <i>See New York Times Co. v. United States,</i> 403 U.S. 713 (1971) (refusing to grant injunction to prevent publication of "Pentagon Papers").

32 minute read January 05, 2006 at 02:20 PM
By
David J. Goldstone
Will Presumptive Injunctions Against Infringers Be Relics of the Past?

In American law, courts exercise their awesome powers through injunctions. Courts have used injunctions to implement decisions addressing many of the most divisive social issues of the day: from integrating public schools to even arguably affecting presidential elections.

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