Douglas Lichtman

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Irreparable Benefits

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Irreparable Benefits

116 Yale L.J. 1284 (2007) The conventional approach to preliminary relief focuses on irreparable harm but entirely neglects irreparable benefits. That is hard to understand. Errant irreversible harms are important because they distort incentives and have lasting distributional consequences. But the same is true of errant irreversible gains. When a preliminary injunction wrongly issues, then, there are actually two distinct...