“The Supreme Court’s Accidental Revolution? The Test for Permanent Injunctions”

By: Mark P. Gergen, John M. Golden & Henry E. Smith have written this article for the Columbia Law Review.  The article discusses how the Court, perhaps inadvertently, changed the test for permanent injunctions in the eBay case.  It is an issue I address in my forthcoming Emory Law Journal article, Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available).

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