The Remedial Turn

A right a court can declare but cannot make durable is no right at all – an un-funded promise dressed in the language of law. Trump v. CASA confi rmed the point without softening it: the Supreme Court abolished the universal injunc-tion and installed nothing in its place. Cesare Cavallini locates the defi ciency not in that single holding but in the remedial architecture beneath it; an archi-tecture American law has never built. Italian law, he argues, built one. Between 2007 and 2025, the Italian Court of Cassation assembled, case by case and without ever naming the project, a jurisprudence of transactional exhaustion. One binding the claim to its operative facts rather than to the theory under which it was pleaded. This book reconstructs that jurisprudence for the Anglo-phone reader, then extracts a general model from it: fact-centered preclusion, bounded remedial fl exibility, defendant-protective safeguards, constitutional effectiveness. Tested against four confi gurations of institutional dysfunction – the vacuum left by Trump v. CASA, the climate jurisprudence of the European Court of Human Rights, algorithmic discrimination, and systemic institutional misconduct – the model holds in every instance. What survives the test is not a comparative footnote but a general theory of remedial architecture: the struc-ture a legal system needs before a declared right becomes exhausted.