Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas
The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas
Tracy A. Thomas
The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of …
Access To Parkland: Environmental Justice At East Bay Parks, A Report By Golden Gate University School Of Law, Paul Stanton Kibel
Access To Parkland: Environmental Justice At East Bay Parks, A Report By Golden Gate University School Of Law, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Ex Aequo Et Bono: De-Mystifying An Ancient Concept, Leon E. Trakman
Ex Aequo Et Bono: De-Mystifying An Ancient Concept, Leon E. Trakman
Leon E Trakman Dean
The ancient concept, ex aequo et bono, holds that adjudicators should decide disputes according to that which is “fair,” and in “good conscience”. Despite its long history in international adjudication and even though it is enshrined in the Charter of the Permanent Court of International Justice, the concept of ex aequo et bono is often avoided on grounds that it operates outside of law, or is deemed to be contrary to law. This article argues that the concept has a valuable and emerging significance in modern law. It is ideally suited to resolving disputes between parties who are engaged in …
Inequity In Equity: The Tragedy Of Tenancy In Common For Heirs' Property Onwers Facing Partition In Equity, Faith R. Rivers
Inequity In Equity: The Tragedy Of Tenancy In Common For Heirs' Property Onwers Facing Partition In Equity, Faith R. Rivers
Faith R Rivers
This article considers the impact of the default intestacy estate of tenancy in common on African American heirs’ property. This piece considers the evolution of the heirs' property conundrum in the Lowcountry of South Carolina – the birthplace of the dream of African-American land ownership – and explores the implications of this form of property ownership on tenants in common facing partition in courts of equity, particularly in developing Sunbelt communities. Comprehensive property law reform is critically needed. I propose a new legal framework to better regulate the externalities that plague the commons of heirs’ property and achieve more equitable …
The Many Faces Of Equity In Private Law. A Survey Of The European Civil Law, Francesca Fiorentini Prof., Mauro Bussani Prof.
The Many Faces Of Equity In Private Law. A Survey Of The European Civil Law, Francesca Fiorentini Prof., Mauro Bussani Prof.
Francesca Fiorentini Prof.
No abstract provided.
The Many Faces Of Equity. A Comparative Survey Of The European Civil Law Tradition, Mauro Bussani, Francesca Fiorentini
The Many Faces Of Equity. A Comparative Survey Of The European Civil Law Tradition, Mauro Bussani, Francesca Fiorentini
Mauro Bussani
The paper investigates the meaning of, and the role played by equity in the continental European legal tradition. In this perspective, the article outlines the historical origins of the Western notion of equity in the Greek and Roman world, and examines how equity became a core instrument of law-making in the age of ius commune. Through the survey of French, German, and Italian law, the paper then clarifies the place of equity in the private law codes. In particular, this comparative analysis shows that, in spite of the wave of legal positivism affecting European legal thought in the XIXth-XXth centuries, …