Includes bibliographical references (pages 329-339) and index.
1. A Functional Approach to Choosing Remedies; 2. Irreplaceability; 3. Other Means of Escaping the Rule; 4. Why Courts Invoke the Rule; 5. Preliminary Relief; 6. Deference to Other Authority; 7. Avoiding Over Enforcement; 8. Other Substantive Reasons; 9. Other Procedural Reasons; 10. The Disparate Uses of a Code Phrase; 11. Holmes, Posner, and Efficient Breach; 12. Conforming Doctrine to Reality; TABLE OF CASES; TABLE OF SECONDARY SOURCES; INDEX.
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Drawing on an analysis of numerous cases, the author argues that the "irreparable injury" rule is defunct, since it no longer constrains a court's choice of remedy. He proposes new injury rules based on actual practice.