Download or read book Federal Decisions Equity written by United States. Courts and published by . This book was released on 1886 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity and the Constitution written by Gary L. McDowell and published by University of Chicago Press. This book was released on 1982-04 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Decisions Vol 15 written by William G. Myer and published by Forgotten Books. This book was released on 2017-11-02 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cases on Equity Pleading and Practice State and Federal Classic Reprint written by George Frederick Rush and published by Forgotten Books. This book was released on 2018-02-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cases on Federal Procedure Together with Judicial Code Equity Rules Forms and Questionnaire written by Carl Wheaton and published by . This book was released on 1921 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Decisions written by United States. Courts and published by . This book was released on 1884 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American and English Decisions in Equity written by Henry Budd and published by . This book was released on 1896 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Decisions written by and published by . This book was released on 1884 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Decisions written by and published by . This book was released on 1886 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Decisions written by and published by . This book was released on 1888 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cases on Equity Pleading and Practice written by George Frederick Rush and published by . This book was released on 1913 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts and Kids written by Michael A. Rebell and published by University of Chicago Press. This book was released on 2009-11-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Equity Practice Vol 1 of 3 written by Thomas Atkins Street and published by Forgotten Books. This book was released on 2017-11-20 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Decisions written by United States. Courts and published by . This book was released on 1884 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Essentials of Equity Pleading and Practice State and Federal written by George Fred Rush and published by Forgotten Books. This book was released on 2016-08-24 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Essentials of Equity Pleading and Practice, State and Federal: With Illustrative Forms and Analytical Tables and Including Forms and Procedure in the Master's Office; Also the Reforms and Changes Effected by the United States Equity Rules, in Force; February 1, 1913 Besides the essential procedural steps and pleadings in the general chancery practice, state and federal, this edition also notes the numerous changes effected by the New Federal Equity Rules in force February 1, 1913. Where state statutes or court rules are silent, state courts usually follow the federal practice. Thus, the new federal rules will affect the state practice also, and it becomes important to understand these changes. 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.
Download or read book A Treatise on Federal Practice written by Roger Foster and published by . This book was released on 1901 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays on Constitutional Law and Equity and Other Subjects written by Henry Schofield and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 1070 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schofield, Henry. Essays on Constitutional Law and Equity and Other Subjects. Boston: The Chipman Law Publishing Company, 1921. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001043982. ISBN 1-58477-223-9. Cloth. $195. * In the foreword, John H. Wigmore writes: "The essays here collected are a rich revelation of a genius at once critical and constructive in the highest degree... No modern writer in that field has excelled him-and only one or two have equaled him-in mastery of the entire complex of Federal decisions and in firm grasp of constitutional principles." And of Schofield's style Wigmore raves: "Once entered upon his text the reader is carried along irresistibly by the sheer pleasure of following the reasoning. No modern law writer has a style at once so personal and yet so entirely scientific." Foreword vi, vii. Marke, A Catalogue of the Law Collection at New York University (1953) 402.
