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Full-Text Articles in Law
"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp
"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp
Notre Dame Law Review
Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …
Our Equity: Federalism And Chancery, Jeffrey Steven Gordon
Our Equity: Federalism And Chancery, Jeffrey Steven Gordon
University of Miami Law Review
Federal courts sitting in diversity cannot agree on whether state or federal law governs the award of a preliminary injunction. The conditions for the exercise of a federal diversity court’s extraordinary remedial power are anybody’s guess. The immediate cause of the confusion is Justice Frankfurter’s cryptic opinion in Guaranty Trust Co. v. York, which aggressively enforced Erie and, at the same time, preserved the so-called “equitable remedial rights” doctrine. There are, however, much broader and deeper causes that explain why the equitable remedial rights doctrine is almost incomprehensible today.
This Article argues that the early history of equity in …
The "Test"--Or Lack Thereof--For Issuance Of Virginia Temporary Injunctions: The Current Uncertainty And A Recommended Approach Based On Federal Preliminary Injunction Law, Hon. David W. Lannetti
The "Test"--Or Lack Thereof--For Issuance Of Virginia Temporary Injunctions: The Current Uncertainty And A Recommended Approach Based On Federal Preliminary Injunction Law, Hon. David W. Lannetti
University of Richmond Law Review
No abstract provided.
Reflections Of A Recovering Aggregationist, Linda S. Mullenix
Reflections Of A Recovering Aggregationist, Linda S. Mullenix
Nevada Law Journal
No abstract provided.
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Pace Law Review
This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury …
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Touro Law Review
No abstract provided.
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
Touro Law Review
No abstract provided.
Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review
Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review
Michigan Law Review
The reformulation of compulsory joinder rules, urged by commentators for a decade, has been realized with the 1966 amendment to rule 19 of the Federal Rules of Civil Procedure. Prior to the amendment, courts consistently held that the absence from the lawsuit of persons who were "indispensable" deprived the court of power to adjudicate the action. The amendment to rule 19 is an effort to establish a methodology which requires a practical consideration of the factual situation at hand when determining the propriety of permitting a case to continue even though certain parties are not joined. A brief look at …
Punitive Damages In Equity - Superior Construction Co. V. Elmo, Gerald J. Robinson
Punitive Damages In Equity - Superior Construction Co. V. Elmo, Gerald J. Robinson
Maryland Law Review
No abstract provided.
Pleading--Equity--Insufficiency Of Bill A Jurisdictional Defect, W. O. S.
Pleading--Equity--Insufficiency Of Bill A Jurisdictional Defect, W. O. S.
West Virginia Law Review
No abstract provided.
The Replication And The Special Reply In Writing In Equity, R. E. M.
The Replication And The Special Reply In Writing In Equity, R. E. M.
West Virginia Law Review
No abstract provided.
Equity--Retention Of Jurisdiction To Award Damages, W. A. B.
Equity--Retention Of Jurisdiction To Award Damages, W. A. B.
West Virginia Law Review
No abstract provided.
The Joinder Rules And Equity Jurisdiction In The Avoidance Of A Multiplicity Of Suits - Bachman V. Lembach
Maryland Law Review
No abstract provided.
Power Of Equity To Enjoin Trespasses To Real Property - Requisites For Tile Granting Of Such Relief Baker V. Howard Hunt, Et Al.
Maryland Law Review
No abstract provided.
Estoppel And Statutes Of Limitation, John P. Dawson
Estoppel And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Among all the spheres of its activity estoppel probably performs no more useful service than in the alleviation of hardship caused by statutes of limitation. Here as in other places the elements of estoppel and its relations to more basic legal concepts are exceedingly hard to define. At some points its effects on limitation acts could be described in terms of express contract; at other points it merges into "fraud"; in general it provides the medium for official expressions of disapproval where civil litigation exceeds the permissible limits of private warfare.
Appeal And Error--Decree "Adjudicating The Principles Of The Cause"--Decree Dismissing A Suit In Equity With Leave To Transfer To Law, Paul D. Farr
West Virginia Law Review
No abstract provided.
Review Of A Review, Charles E. Clark
Review Of A Review, Charles E. Clark
Michigan Law Review
In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …