Institutional litigation, Wyatt v. Stickney, Holt v. Sarver, Long-arm jurisdiction, Garnishment, Attachment, Gilligan v. Morgan
Law and Society | Litigation
Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.
Eisenberg, Theodore and Yeazell, Stephen C., "The Ordinary and the Extraordinary in Institutional Litigation" (1980). Cornell Law Faculty Publications. Paper 698.
Published in: Harvard Law Review, vol. 93, no. 3 (January 1980).