The Yale Law Journal

Douglas Lichtman

Forum

Irreparable Benefits

Douglas Lichtman

Essay

Irreparable Benefits

Douglas Lichtman

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…