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Jurisprudence Commons

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Faculty Scholarship Series

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Full-Text Articles in Jurisprudence

Declaratory Judgments And Insurance Litigation, Edwin Borchard Jan 1939

Declaratory Judgments And Insurance Litigation, Edwin Borchard

Faculty Scholarship Series

The passage of the Federal Declaratory Judgments Act in 1934 has stimulated throughout the country the employment of the action for declaratory judgment In few branches of commercial activity has it been used more successfully than in insurance litigation. It would be hard to say whether this new device for the construction of written instruments and the clarification and adjudication of all types of legal relations has been more effectively used for the determination of disputed status, the construction of contracts, conflicting claims to property, or administrative law disputes between the Government and the citizen.


Declaratory Judgment A Needed Procedural Reform, Edwin Borchard Jan 1918

Declaratory Judgment A Needed Procedural Reform, Edwin Borchard

Faculty Scholarship Series

It is now our purpose to undertake an analysis of numerous declaratory actions and judgments, with a view to determine the scope of and the limitations upon this useful form of procedure. An examination of declaratory judgments in the various jurisdictions in which the institution has been adopted reveals a remarkable similarity of fundamental principles characterizing the practice of making judicial declarations. As our interest is confined to the practice, emphasis will be laid not upon the- decision itself as a matter of substantive law, but rather upon the type of question submitted for declaratory judgment, the cases in which ...