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Full-Text Articles in Law
Traditional Equity And Contemporary Procedure, Thomas O. Main
Traditional Equity And Contemporary Procedure, Thomas O. Main
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This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a …
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
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No abstract provided.
Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main
Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main
Scholarly Works
No abstract provided.