Tuesday 11
Session Richard Brooks - legal uncertainty
Richard Brooks
› 12:00 - 12:30 (30min)
› 401
Interlocutory Remedies: Efficient Responses to Legal Uncertainty?
Richard Brooks  1@  
1 : Columbia University (USA)

Temporary restraining orders, preliminary injunctions, supersedeas writs, preventive injunctions and declaratory judgments are all interlocutory remedies that respond to basic legal uncertainty. Interlocutory remedies are, for the most part, provisional orders, commanding parties to refrain from some action during the pendency of a legal dispute. Temporary, preliminary, anticipatory and intermediate orders are justied as means to preserve a status quo, but they often do more than that. These interlocutory remedies are efficient procedural responses to legal uncertainty. They can be employed to deter inefficient allocation and investment resulting from uncertainty about applicable legal doctrine and facts.

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