The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of crafting appropriate injunctions.
Review of Litigation (Texas)
Tracy A. Thomas, The Continued Vitality of Prophylactic Relief, 27 Review of Litigation 113 (2007)