Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Indiana Law Journal (3)
- Michigan Law Review (3)
- Vanderbilt Law Review (3)
- Kentucky Law Journal (2)
- All Faculty Publications (1)
-
- Articles (1)
- Duquesne Law Review (1)
- John F. Preis (1)
- Northwestern Journal of International Law & Business (1)
- Publications (1)
- Scholarly Publications (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (1)
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Retroactive Adjudication, Samuel Beswick
Retroactive Adjudication, Samuel Beswick
All Faculty Publications
This Article defends the retroactive nature of judicial lawmaking. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, does it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers no adequate answer. In attempting to articulate a law of non-retroactivity, the Supreme Court has cycled through five flawed frame-works. It has variously characterized adjudicative non-retroactivity as (1) a problem of legal philosophy; (2) a discretionary exercise for balancing competing right and reliance interests; (3) a …
The Federal Equity Power, Michael T. Morley
The Federal Equity Power, Michael T. Morley
Scholarly Publications
Throughout the first century and a half of our nation’s history, federal courts treated equity as a type of general law. They applied a uniform, freestanding body of principles derived from the English Court of Chancery to all equitable issues that came before them, regardless of whether a case arose under federal or state law. In 1945, in Guaranty Trust Co. v. York, the United States Supreme Court held that, notwithstanding the changes wrought by the Erie Doctrine, federal courts may continue to rely on these traditional principles of equity to determine the availability of equitable relief, such as injunctions, …
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
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
2 pages.
"Robert L. Fischman, Indiana University School of Law–Bloomington"
"Outline of Presentation"
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.
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
17 pages.
Contains references.
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.
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Northwestern Journal of International Law & Business
Effective in 1966, the Federal Rules of Civil Procedure were amended "to effect unification of the civil and admiralty procedure." With this amendement, the Advisory Committee intended that, "just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty." Thus, rule 1, defining the scope of the rules, now states, "These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases as law or in equity or in admiralty... They shall …
The Younger Abstention Doctrine: Bleak Prospects For Federal Intervention In Pending State Proceedings, David C. Levenreich
The Younger Abstention Doctrine: Bleak Prospects For Federal Intervention In Pending State Proceedings, David C. Levenreich
Duquesne Law Review
The Younger abstention doctrine limits the ability of a federal court to enjoin a pending state proceeding. The author discusses the bases of the Younger and Pullman abstention doctrines, including the policy foundation of federalism. He examines the development of the Younger doctrine, analyzes its operation, and notes the restricted exceptions to it. He concludes that the availability of federal injunctive relief against pending state proceedings is severely limited, to the possible detriment of the vindication of federally extended rights.
Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson
Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson
Michigan Law Review
From the nation's beginning, the federal district courts have been vested with jurisdiction in cases "of admiralty or maritime jurisdiction." Like its predecessor statute, section 1333 of the present Judicial Code asserts that the jurisdiction is "exclusive of the courts of the states," but the infamous "saving clause" goes on to negate that exclusivity in the bulk of maritime cases by giving the plaintiff the option of maintaining his action in any other court having jurisdiction over it. In "saving clause" cases--that is, cases that could have been brought in federal court under the admiralty jurisdiction, but which were maintained, …
Equity -- 1961 Tennessee Survey (Ii), T. A. Smedley
Equity -- 1961 Tennessee Survey (Ii), T. A. Smedley
Vanderbilt Law Review
During the current survey period, each of the higher Tennessee courts has been called upon to exercise its injunctive powers in significant and perplexing types of controversies. The court of appeals for the western section had to decide whether to take the risk of interfering in a bitter dispute between opposing factions of a church which had been torn by interfraternal strife for several years. In the middle section court of appeals an injunction was sought to restrain a store owner from operating his business under the name of a former manager of the store who had left this position …
Conflict Of Laws -- 1957 Tennessee Survey, John W. Wade
Conflict Of Laws -- 1957 Tennessee Survey, John W. Wade
Vanderbilt Law Review
Martin v. Martin' involved a bill in equity by a wife to set aside a divorce decree as fraudulently obtained by the husband. The parties had been domiciled in Pennsylvania. While in Tennessee as a member of the armed forces the husband obtained the divorce in the state. He was subsequently transferred outside the United States. Complainant's bill to set the decree aside for fraud was sustained by the chancellor, defendant being served by publication. Defendant then made a special appearance to contest the jurisdiction of the court and appealed from an adverse ruling.
The Supreme Court held that there …
Equity -- 1956 Tennessee Survey, Val Sanford
Equity -- 1956 Tennessee Survey, Val Sanford
Vanderbilt Law Review
One of the most important characteristics of the administration of justice in Tennessee is the maintenance of separate courts of law and equity. While numerous statutes have been enacted from time to time in an effort to clarify the jurisdiction of the two courts and the boundaries of their respective jurisdictions have been further defined by the courts, nevertheless, cases are still dismissed because they are brought in the wrong court...
Limitations On Federal Equity Jurisdiction
Limitations On Federal Equity Jurisdiction
Indiana Law Journal
Notes and Comments: Federal Jurisdiction
Fraud In The Inducement Jurisdiction Of Equity To Relieve In Kentucky, Glenn Denham
Fraud In The Inducement Jurisdiction Of Equity To Relieve In Kentucky, Glenn Denham
Kentucky Law Journal
No abstract provided.
Costs As Between Solicitor And Client--Jurisdiction Of Equity To Allow, Clarence Cornelius
Costs As Between Solicitor And Client--Jurisdiction Of Equity To Allow, Clarence Cornelius
Kentucky Law Journal
No abstract provided.
Equity-Jurisdiction Of Property Interests
Equity-Injunction-Enjoining Suits In Another State
Equity-Injunction-Enjoining Suits In Another State
Indiana Law Journal
No abstract provided.
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Michigan Law Review
The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
Articles
ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …
Relations Between Equity And Law, Wesley Newcomb Hohfield
Relations Between Equity And Law, Wesley Newcomb Hohfield
Michigan Law Review
At the last annual meeting of the Association of American Law Schools, Professor Walter W. COOK contributed an interesting address on Equity and its relation to Law. Taking as his more specific subject, "THE PLACE OF EQUITY IN OUR LEGAL SYSTEM," the speaker began his discussion with an extensive quotation from MAITLAND'S LECTURES ON EQUITY,--a work cordially welcomed by that distinguished scholar's many admirers upon its posthumous publication in the fall of 1909.