Federal Decisions: Equity PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Federal Decisions: Equity PDF full book. Access full book title Federal Decisions: Equity by United States. Courts. Download full books in PDF and EPUB format.
Author: United States. Courts
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 936
Get Book Here
Book Description
Author: United States. Courts
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 936
Get Book Here
Book Description
Author: Gary L. McDowell
Publisher: University of Chicago Press
ISBN: 0226558142
Category : Law
Languages : en
Pages : 201
Get Book Here
Book Description
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.
Author: William G. Myer
Publisher: Forgotten Books
ISBN: 9780265140710
Category : Law
Languages : en
Pages : 928
Get Book Here
Book Description
Excerpt from Federal Decisions, Vol. 15: Cases Argued and Determined in the Supreme, Circuit and District Courts of the United States, Comprising the Opinions of Those Courts From the Time of Their Organization to the Present Date; Equity-Estates I have examined with care the cases under the title of equity in this volume, and have compared the cases which are reprinted in full with those which are digested merely. I am of Opinion that the compiler has made the selection of cases to be reprinted in full, with judgment and discrimination; and that, considering the plan of the work, none of the cases which he has presented in the abridged form are of sufficient importance to be reprinted in full. I find these latter cases to consist, for the most part, of cases which have been affirmed or reversed on appeal, in which cases the decision of the supreme court is reprinted in full; of cases which turn on questions of fact, or which decide points of practice merely; and of cases which involve ordinary and familiar applications of well settled principles. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: George Frederick Rush
Publisher: Forgotten Books
ISBN: 9780656133666
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
Excerpt from Cases on Equity Pleading and Practice, State and Federal In order to obtain especially clear statements to illus trate and emphasize the principal rules of equity pro cedure a few federal circuit court cases were included together with state and federal supreme court cases. It is to be remembered that until 1911 the federal equity jurisdiction was lodged in the federal circuit courts, and that since that time, it has been lodged in the federal district courts. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: United States. Courts
Publisher:
ISBN:
Category : Circuit courts
Languages : en
Pages : 934
Get Book Here
Book Description
Author: Carl Wheaton
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 784
Get Book Here
Book Description
State courts. could not reach those cases, and, consequently, the injunction of the Constitution, that the judicial power shall be vested, would be disobeyed. It would seem, therefore, to follow, that Congress are bound to create some inferior courts, in which to vest all that jurisdiction which, under the Constitution, is ex elusively vested in the United States, and of which the Supreme Court cannot take original cognizance. They might establish one or more inferior courts; they might parcel out the jurisdiction among such courts, from time to time, at their own pleasure. But the whole judicial power of the United States should be, at all times, vested either in an original or appellate form, in some courts created under its authority. This construction will be fortified by an attentive examination of the second section of the third article. The words are the judicial power shall extend, etc. Much minute and elaborate criticism has been employed upon these words. It has been argued that they are equivalent to the words may' extend, and that extend means to widen to new cases not before within the scope of the power. For the reasons which have been already stated, we are of opinion that the words are used in an imperative sense. They import an absolute grant of judicial power. They cannot have a relative signification applicable to powers already granted; for the American people had not made any previous grant. The Constitution was for a new government, organized with new sub stantive powers, and not a mere supplementary character to a government already existing. The consideration was a compact between States; and its structure and powers were wholly unlike those of the National Government. The Constitution was an act of the people of the United States to supersede the confederation, and not to be ingrafted on it, as a stock through which it was to receive life and nourishment.
Author: George Frederick Rush
Publisher:
ISBN:
Category : Equity pleading and procedure
Languages : en
Pages : 312
Get Book Here
Book Description
Author: Michael A. Rebell
Publisher: University of Chicago Press
ISBN: 0226706184
Category : Law
Languages : en
Pages : 208
Get Book Here
Book Description
Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in Brown v. Board of Education. Courts and Kids is the first detailed analysis of why the state courts have taken on this active role and how successful their efforts have been. Since 1973, litigants have challenged the constitutionality of education finance systems in forty-five states on the grounds that they deprive many poor and minority students of adequate access to a sound education. While the plaintiffs have won in the majority of these cases, the decisions are often branded “judicial activism”—a stigma that has reduced their impact. To counter the charge, Michael A. Rebell persuasively defends the courts’ authority and responsibility to pursue the goal of educational equity. He envisions their ideal role as supervisory, and in Courts and Kids he offers innovative recommendations on how the courts can collaborate with the executive and legislative branches to create a truly democratic educational system.
Author: Thomas Atkins Street
Publisher: Forgotten Books
ISBN: 9780331530261
Category : Law
Languages : en
Pages : 708
Get Book Here
Book Description
Excerpt from Federal Equity Practice, Vol. 1 of 3: A Treatise on the Pleadings Used and Practice Followed in Courts of the United States in the Exercise of Their Equity Jurisdiction An examination of the illustrative cases used in this treatise will show pretty clearly, we think, that the author has endeavored to follow the plan of exposition thus recommended. The decisions of the English Chancery have been cited in this work when needed to elucidate points unsettled or left Obscure by the American cases, but no effort has been made to crowd the footnotes with English citations. The English works of Smith (2d ed.) and Daniell (lst ed.) have of course been carefully studied and freely utilized but when it has been found desirable to incorporate passages of any length from these writers, such matter has usually been quoted and printed in subordinate type. While this treatise was in course of preparation, the second edition of Gibson's Suits in Chancery appeared. This admirable work has been of much assistance, and by the kindness of Judge Gibson the present writer has been permitted to use it with the same freedom as he has used Smith or Daniell. For the generous extension of this privilege the author here expresses his sincere thanks. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
