Getting Into Equity

41 Pages Posted: 2 Nov 2021

See all articles by Samuel L. Bray

Samuel L. Bray

Notre Dame Law School

Paul B. Miller

Notre Dame Law School

Date Written: October 29, 2021

Abstract

For two centuries, common lawyers have frequently talked about a “cause of action.” But “cause of action” is not an organizing principle for equity. This Article shows how a plaintiff gets into equity, and it shows equity is shaped by the interplay of its remedial, procedural, and substantive law. Equity is adjectival, related to law rather than the other way around. Remedies, not rights, are what give it power. And for getting into equity, it is the grievance that is central. To insist on an equitable cause of action is to work a fundamental change in how a plaintiff gets into equity.

Keywords: equity, remedies

Suggested Citation

Bray, Samuel L. and Miller, Paul B., Getting Into Equity (October 29, 2021). Notre Dame Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3952682

Samuel L. Bray (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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

Paul B. Miller

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

HOME PAGE: http://law.nd.edu/directory/paul-miller/

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