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Articles 1 - 30 of 36
Full-Text Articles in Law
Standing, Equity, And Injury In Fact, Ernest A. Young
Standing, Equity, And Injury In Fact, Ernest A. Young
Faculty Scholarship
This contribution to the Notre Dame Law Review's annual Federal Courts symposium on "The Nature of the Federal Equity Power" asks what the traditions of equity can tell us about Article III standing. I take as my point of departure the observation by Professors Sam Bray and Paul Miller, in their contribution to the symposium, that equity does not have causes of action as such--or at least not in the same way as actions at law. This is potentially important for standing, as many academic critiques of the Supreme Court's standing jurisprudence have argued that standing should turn on whether …
A Comprehensive Procedural Mechanism For The Poor: Reconceptualizing The Right To In Forma Pauperis In Early Modern England, Annie Prossnitz
A Comprehensive Procedural Mechanism For The Poor: Reconceptualizing The Right To In Forma Pauperis In Early Modern England, Annie Prossnitz
Northwestern University Law Review
In early modern England, litigants could petition for in forma pauperis status in order to seek free legal services, including representation. Scholars have often invoked this history to bolster the claim for a reinforced in forma pauperis right today. This Note explores the origins of the right to in forma pauperis status from a different angle. At the core of this Note is an examination of ninety-two primary-source in forma pauperis petitions and court documents, filed in sixteenth- and seventeenth-century English courts of equity, namely Chancery, the Court of Requests, Star Chamber, and Exchequer. Rather than the mythical, rarely used, …
Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden
Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
Georgia Journal of International & Comparative Law
No abstract provided.
Three Proposals For Regulating The Distribution Of Home Equity, Ian Ayres, Joshua Mitts
Three Proposals For Regulating The Distribution Of Home Equity, Ian Ayres, Joshua Mitts
Faculty Scholarship
The Consumer Financial Protection Bureau’s recently-released “qualified mortgage” rules effectively discourage predatory lending but miss an equally important source of systemic risk: low-equity clustering. Specific “volatility-inducing” mortgage terms, when present in a substantial cluster of mortgage contracts, exacerbate macroeconomic risk by increasing the chance that the housing and lending markets will have to absorb a wave of simultaneous defaults after a downturn in housing prices. This Article shows that these terms became prevalent in a substantial proportion of residential mortgages in the years leading up to the home mortgage crisis. In contrast, during the earlier “amortization era” (when mortgagors were …
Reclaiming The Equitable Heritage Of Habeas, Erica J. Hashimoto
Reclaiming The Equitable Heritage Of Habeas, Erica J. Hashimoto
Scholarly Works
Equity runs through the law of habeas corpus. Throughout the seventeenth and eighteenth centuries, prisoners in England sought the Great Writ primarily from a common law court — the Court of King’s Bench — but that court’s exercise of power to issue the writ was built around equitable principles. Against this backdrop, it is hardly surprising that modern-day habeas law draws deeply on traditional equitable considerations. Criticism of current habeas doctrine centers on the risk that its rules — and particularly the five gatekeeping doctrines that preclude consideration of claims — produce unfair results. But in fact four of these …
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
John F. Preis
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette
University of Michigan Journal of Law Reform
The parallels between Bacon's career and that of Edward H. Cooper are, of course, obvious. Bacon was one of the great legal minds of his day. Unlike the common-law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). Indeed, my thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading and is, in fact, the intellectual forbearer of the likes of Charles …
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Michigan Law Review
In this Note I propose a method to examine presidents' actions taken outside the normal bounds of executive power by employing the general rubric of equity, in an attempt to find when the president acts with what I term "practical legitimacy." This would be a new category for executive actions that, while perhaps arguably illegal, are so valuable that we want to treat them as legitimate exercises of executive power. To do so, I first examine the history of equity, noting the many relevant parallels to our modern conception of executive power In light of these parallels, I argue that …
Justice And The Evolution Of The Common Law, Richard O. Zerbe
Justice And The Evolution Of The Common Law, Richard O. Zerbe
ExpressO
Empirical evidence shows, and theory suggests, that the common law tends toward economic efficiency. While various theories attempt to explain this phenomenon, no single one is well accepted. This article provides a simple explanation. It suggests that efficiency arises as a matter of justice. Justice is sought because justice-seeking is a social norm with its own sanctioning force. Justice is sought and efficiency achieved because they substantially overlap. Limitations in the traditional definition of efficiency, however, ensure that efficiency is not congruent with justice. This paper suggests that it can be: the congruence of justice and efficiency will be greater …
Substitute Chancellors: The Role Of The Jury In The Contest Between Common Law And Equity, Bernadette A. Meyler
Substitute Chancellors: The Role Of The Jury In The Contest Between Common Law And Equity, Bernadette A. Meyler
Cornell Law Faculty Publications
The common law - thought to provide an ancient constitution securing the liberties of the people from monarchical tyranny - and opposition against it, played an acknowledged part in the debates among Royalists, Parliamentarians, and Puritans during seventeenth-century England. Very little attention has, however, been devoted to the status of the jury within these arguments either for the supremacy of the common law or for the King's prerogative, institutionally embodied most prominently in the Star Chamber and the Court of Chancery. As this Article argues, the procedural virtues and the philosophical goals of the jury and of the Chancellor as …
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
Law Faculty Publications
This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
NYLS Law Review
No abstract provided.
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
NYLS Law Review
No abstract provided.
Adr: The New Equity, Thomas O. Main
A Profusion Of Chancery Reform, James Oldham
A Profusion Of Chancery Reform, James Oldham
Georgetown Law Faculty Publications and Other Works
The refrain that law and equity cannot peaceably cohabit the same court is familiar and persistent. In his 1790 treatise on contracts, Joseph Powell protested that blending law and equity was "subversive of first principles." He claimed, "That a right in itself purely legal cannot be the proper subject of discussion in a jurisdiction purely equitable, and that a right purely equitable, cannot be the proper subject of a purely legal jurisdiction, are axioms that cannot be denied," adding for good measure: "It is a proposition as self-evident as that black is not red, or white black." Almost two centuries …
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Publications
Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
One thing I found out when I was a prosecutor is that you should never tell a police officer he cannot do something, for that just serves as an open invitation for him to do it. In recent years, I have learned a similar lesson about legal scholarship which I should probably keep to myself but won't. If you proclaim the existence of a scholarly "consensus," this is an open invitation for academics to try to demolish such a claim.
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Innis Christie Collection
The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Publications
No abstract provided.
Privatizing Public Lands: A Bad Idea, Scott Lehmann
Privatizing Public Lands: A Bad Idea, Scott Lehmann
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
8 pages.
Contains references.
Foreword: The Challenge Of Rio, David H. Getches
Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld
Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld
Washington and Lee Law Review
No abstract provided.
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
Michigan Law Review
A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss
Touro Law Review
No abstract provided.
Toward Optimal Utilization Of Water Resources: The “Physical Solution", Harrison C. Dunning
Toward Optimal Utilization Of Water Resources: The “Physical Solution", Harrison C. Dunning
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
18 pages.
The Law/Equity Dichotomy In Maryland, C. Christopher Brown
The Law/Equity Dichotomy In Maryland, C. Christopher Brown
Maryland Law Review
No abstract provided.
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of MEN OF LAW FROM HAMMURABI TO HOLMES. By William Seagle.
A Rational Theory For Joinder Of Causes Of Action And Defences, And For The Use Of Counterclaims, William Wirt Blume
A Rational Theory For Joinder Of Causes Of Action And Defences, And For The Use Of Counterclaims, William Wirt Blume
Michigan Law Review
In discussing, first, the joinder of actions it will be convenient to consider three groups or classes of cases:
Class I : Where one plaintiff (or joint plaintiffs) unites in a single proceeding two or more causes of action against one defendant (or joint defendants).
Class 2: "Where two or more plaintiffs, each having a cause of action against the same party (or parties), unite their causes of action in one proceeding.
Class 3: Where one plaintiff (or joint plaintiffs) having several causes of action, each against a different party, unites them in one proceeding.
In considering each group or …