The Rise and Decline of Structural Remedies

Authors

Russell L. Weaver

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Remedies Discussion Forum

Abstract

One of the most significant remedial developments during the twentieth century was the rise and (partial) decline of the structural injunction in which courts, usually federal courts, restructure or reshape legislative or administrative agencies such as schools or prisons. Structural remedies appear to be inconsistent with the judicial function conceptually. Despite this concern, federal courts have entered structural relief in an extraordinary array of cases that have dramatically reshaped society. This Article examines the structural remedy and offers some reflections on its appropriate use.

Recommended Citation

Russell L. Weaver, The Rise and Decline of Structural Remedies, 41 San Diego L. Rev. 1617 (2004).
Available at: https://digital.sandiego.edu/sdlr/vol41/iss4/11