Equity and the Constitution: The Supreme Court, Equitable Relief, and Public Policy

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University of Chicago Press, 1982 - 179 páginas
Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries?

In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.

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Contenido

Two The Constitution and the American
33
Four Joseph Storys Science of Equity
70
The Codification
86
The Constitution and the New Equity
95
The Perpetuation
111
Epilogue
123
Notes
137
List of Cases
155
Bibliography
161
Index
171
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Acerca del autor (1982)

Gary L. McDowell is assistant professor of political science, Dickinson College, and currently Fellow in Law and Political Science, Harvard Law School.

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