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Full-Text Articles in Law

Traditional Equity And Contemporary Procedure, Thomas O. Main Jan 2003

Traditional Equity And Contemporary Procedure, Thomas O. Main

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This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a …


Book Review, David S. Tanenhaus Jan 2003

Book Review, David S. Tanenhaus

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This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …


Review Of Peter Cane, Responsibility In Law And Morality (2002), Leslie C. Griffin Jan 2003

Review Of Peter Cane, Responsibility In Law And Morality (2002), Leslie C. Griffin

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No abstract provided.