Law Commons^™

Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson

FIU Law Review

No abstract provided.

In Defense Of Nationwide Injunctions, Amanda Frost

Articles in Law Reviews & Other Academic Journals

With increasing frequency, courts are issuing nationwide injunctions barring the executive from enforcing federal laws and policies against anyone, not just the plaintiffs in the case before them. Nationwide injunctions halted President Obama’s initiative granting deferred action to undocumented immigrants and his Department of Education’s interpretive guidance on the treatment of transgender students in public schools. More recently, courts have enjoined nationwide President Trump’s travel ban, as well as his Administration’s policy of withholding federal funds from “sanctuary cities.” Legal scholars have criticized the practice, Congress is considering legislation to prohibit it, and commentators are urging the U.S. Supreme Court …

The Supreme Court And The New Equity, Samuel L. Bray

Vanderbilt Law Review

The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprising has happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has …

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Jeffrey J. Rachlinski

No abstract provided.

Dealing With Unforeseen Circumstances: Contractual Construction And Equitable Adjustment, Man Yip, Yihan Goh

Man YIP

Case note on the UK Supreme Court decision of Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc [2013] UKSC 3.

Disqualifying Defense Counsel: The Curse Of The Sixth Amendment, Keith Swisher

St. Mary's Journal on Legal Malpractice & Ethics

Lawyer disqualification—the process of ejecting a conflicted lawyer, firm, or agency from a case—is fairly routine and well-mapped in civil litigation. In criminal cases, however, there is an added ingredient: the Sixth Amendment. Gideon, which is celebrating its fiftieth anniversary, effectively added this ingredient to disqualification analysis involving indigent state defendants although it already existed in essence for both federal defendants and defendants with the wherewithal to retain counsel. Once a defendant is entitled to counsel, the many questions that follow include whether and to what extent conflicts of interest—or other misconduct—render that counsel constitutionally ineffective. Most cases and commentary …

Irreparability Irreparably Damaged, Doug Rendleman

Doug Rendleman

No abstract provided.

Irreparability Irreparably Damaged, Doug Rendleman

Doug Rendleman

No abstract provided.

Irreparability Irreparably Damaged, Doug Rendleman

Doug Rendleman

No abstract provided.

Much Ado About Mighty Little - North Carolina And The Application Of The Relative Hardship Doctrine To Encroachments Of Permanent Structures On The Property Of Another, Olivia L. Weeks

Olivia L. Weeks

This paper presents a legal argument for the application of the relative hardship test in all actions based on the encroachment of permanent structures on the land of another. First, the doctrine of relative hardship is presented. Second, this paper reviews the cases handed down by the North Carolina courts which have applied or discussed the application of the relative hardship test. Finally, this paper recommends the application of the relative hardship test as the most objective standard for determining an appropriate remedy where a mandatory injunction to compel removal is an issue.

Immunizing Arbitrators From Claims For Equitable Relief, Michael D. Moberly

Pepperdine Dispute Resolution Law Journal

The article begins with a summary of the historical origins of the judicial and arbitral immunity doctrines. Next, the article discusses the courts' refusal to extend judicial immunity to claims for declaratory, injunctive, or other equitable relief, except perhaps in the case of federal judges. The article then explores the propriety of recognizing a similar limitation in cases construing the arbitral immunity doctrine. The article ultimately concludes that (1) arbitrators should be immune from claims for equitable relief as a matter of policy, and (2) in jurisdictions where that result is currently precluded by existing precedent, a comparable result can …

What Is Legal Civil Restitution?, Richard Maloy

Richard Maloy

No abstract provided.

What Is Legal Civil Restitution?, Richard Maloy

Richard Maloy

No abstract provided.

What Is Legal Civil Restitution?, Richard Maloy

Richard Maloy

No abstract provided.

Equitable Power In The Time Of Budget Austerity: The Problem Of Judicial Remedies For Unconstitutional Delays In Claims Processing By Federal Agencies, James Ridgway

James D. Ridgway

This article begins the important work of synthesizing two areas of law that have been on a collision course recently: federal administrative law and structural reform remedies. The urgency of this problem is highlighted by two recent cases by the Supreme Court and the Ninth Circuit. They demonstrate both that the courts are unwilling to continue ignoring the widespread crises in federal agencies that manage benefit programs, and that the current model of equitable remedies for failing institutions is not up to the task of providing effective solutions. This article addresses the core case law and theory in both areas, …

More Money, More Problems: How Oklahoma’S Novel Approach To Ponzi Scheme Clawbacks In Oklahoma Department Of Securities Ex Rel. Faught V. Blair Means More Uncertainty For Investors, Elizabeth Blair Wozobski

Oklahoma Law Review

No abstract provided.

“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins

Duke Law Journal

No abstract provided.

Relief For Ip Rights Infringement Is Primarily Equitable: How American Legal Education Is Short-Changing The 21st Century Corporate Litigator, Charles E. Rounds Jr.

Santa Clara High Technology Law Journal

No abstract provided.

Three Years After Ebay (2009) What Do Patent Holders Need To Prove To Get An Injunction? What Is The Significance Of Competition Between The Parties?, Stacy B. Streur

Stacy B. Streur

The U.S. Supreme Court decision in eBay v. MercExchange, 547 U.S. 388(2006),has had a significant and lasting impact on the process district courts use to analyze requests for permanent injunctive relief in patent infringement actions. It has not, however, had a significant and lasting impact on the outcome of those decisions. In the first year after the eBay decision there was a spike in the number of requests for injunctive relief that were denied; but, since that time, most jurisdictions have returned to the pre-eBay practice of generally, absent a compelling public interest concern, granting permanent injunctive relief against patent …

What Is Specific About Specific Restitution, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Equitable Subordination, Fraudulent Transfer, And Sovereign Debt, Adam Feibelman

Law and Contemporary Problems

Feibelman focuses on two particular doctrines of lender liability-equitable subordination and fraudulent transfer, expanding upon proposals to employ private domestic law as a strategy for addressing the problem of odious debt. Although doctrines of equitable subordination and fraudulent transfer do not appear to have been applied to sovereign debt by US courts in the past, both should be available to sovereigns' creditors in most if not all US jurisdictions. In addition, he also addresses practical, doctrinal concerns as well as normative implications of employing theories such as equitable subordination and fraudulent transfer to respond to the problem of odious debt. …

The Trial Judge's Equitable Discretion Following Ebay V. Mercexchange, Doug Rendleman

Scholarly Articles

None available.

Petitioner's Brief, Richard B. Collins

Publications

No abstract provided.

Teaching Restitution, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: Equitable Remedies and Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what "extraordinary remedies" were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies …

Teaching Restitution.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng

Washington and Lee Law Review

No abstract provided.

Making Sense Out Of Bankruptcy Courts' Recharacterization Of Claims: Why Not Use § 510(C) Equitable Subordination?, Matthew Nozemack

Washington and Lee Law Review

No abstract provided.

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications

State Attorney Generals’ Tobacco Suits: Equitable Remedies, Edward Correia, Patricia Davidson

Cornell Journal of Law and Public Policy

No abstract provided.

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …