Portia Pedro (Boston University School of Law) & Adam Steinman (Texas A&M University School of Law) have posted Aggregation and the “Universal” Injunction, 139 Harvard Law Review 1791 (2026) on SSRN. Here is the abstract:
In this Essay, we begin with a brief summary of the CASA decision’s holding regarding the availability of “universal” injunctions. Part II discusses the relationship between remedies and judicial review and the important role that such injunctions play in that regard. Part III explores how class actions could serve as an alternative path for federal courts, after engaging in judicial review, to make their decisions meaningful by requiring officials to comply with the law and to cease illegal actions or policies. We also respond to several objections to the use of class actions in this context. The final Part addresses some implications of the class action route to “universal” injunctions, identifying the core functional connection between class actions and such injunctions, but also acknowledging some of the problems that this class action route may pose.
Highly Recommended!
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