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

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

ISBN-10:
0226558142
ISBN-13:
9780226558141
Pub. Date:
04/28/1982
Publisher:
University of Chicago Press

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Overview

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

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.

Product Details

ISBN-13: 9780226558141
Publisher: University of Chicago Press
Publication date: 04/28/1982
Edition description: New Edition
Pages: 198
Product dimensions: 6.29(w) x 9.30(h) x 0.67(d)

Table of Contents

Foreword, by Henry J. Abraham
Preface
Introduction: From Equitable Relief to Public Policy

1. The Foundations of American Equity: Antecedents
1. The Jurisprudential Foundations of American Equity
2. The Constitution and the American Idea of Equity

2. The Transformation of American Equity: 1792-1954
3. The Constitution and the Common Law in the Early Republic
4. Joseph Story's "Science" of Equity
5. Procedure over Substance: The Codification Movement and the Transformation of American Equity

3. The Constitution and the New Equity
6. The Emergence of Sociological Equity: The School Desegregation Cases
7. The Descendants of Brown: The Perpetuation of a Bad Idea

Epilogue: Toward a Recovery of the Past

Notes
List of Cases
Bibliography
Index

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