SEALS Conference 2021

Discussants examine the intersection of remedies and statutes for sources and limits of power. To what extent are congressional efforts effective in discerning among remedies, operationalizing goals, and creating limits? Discussants also analyze court conformity, interpretation, and resistance to statutory strictures. To what extent do judges retain historic equity power if Congress has not explicitly removed such authority? What if statutory methods of interpretation lead to absurd results? We explore varied civil statutes affecting the SEC, FTC, IP, FCRA, and ACA, as well as other administrative and criminal statutes. These enforcement schemes raise serious issues of remedies, equity, severability, facial challenges, jury trial rights, and justiciability.