Equity: Notes on the American Reception

In John C.P. Goldberg, Peter Turner and Henry E. Smith (eds), Equity and Law: Fusion and Fission (CUP 2018) (forthcoming)

18 Pages Posted: 23 Mar 2018 Last revised: 15 May 2018

Samuel L. Bray

Notre Dame Law School

Date Written: May 7, 2018

Abstract

This article considers the reception of equity in the law of the United States, and in particular the reception of two ideas: first, a small-scale moral reading of the law, analysed under the rubric of “nice adjustment,” and second, a willingness of courts to give direct orders to private parties and government officials, analysed under the rubric of “judicial command.” These ideas have had very different careers in the United States. Nice adjustment has faded, while judicial command has been embraced with enthusiasm. This article asks why.

Keywords: equity, remedies, injunction, constitutional law

Suggested Citation

Bray, Samuel L., Equity: Notes on the American Reception (May 7, 2018). In John C.P. Goldberg, Peter Turner and Henry E. Smith (eds), Equity and Law: Fusion and Fission (CUP 2018) (forthcoming). Available at SSRN: https://ssrn.com/abstract=3144436 or http://dx.doi.org/10.2139/ssrn.3144436

Samuel L. Bray (Contact Author)

Notre Dame Law School ( email )

Eck Hall of Law
Notre Dame, IN 46556
United States

HOME PAGE: http://https://law.nd.edu/directory/samuel-bray/

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