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Full-Text Articles in Law
Justice Scalia Reinvents Restitution, Tracy A. Thomas
Justice Scalia Reinvents Restitution, Tracy A. Thomas
Tracy A. Thomas
This essay criticizes the U.S. Supreme Court’s re-conceptualization of equitable restitution in the case of Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204 (2002). In Great-West, a divided Court in an opinion by Justice Scalia held that “equitable relief” authorized by the Employee Retirement Income Security Act of 1974 (ERISA) does not include claims for specific performance or restitution seeking money for breach of contract. Instead, the Court held that with respect to restitution, the term “equitable relief” includes only those restitutionary remedies which were historically available in courts of equity. This Article levels two criticisms at …
Clarence Thomas And The Perils Of Amateur History, Mark Graber
Clarence Thomas And The Perils Of Amateur History, Mark Graber
Mark Graber
No abstract provided.