Debs and the Federal Equity Jurisdiction

39 Pages Posted: 3 Nov 2021 Last revised: 2 May 2022

See all articles by Aditya Bamzai

Aditya Bamzai

University of Virginia School of Law

Samuel L. Bray

Notre Dame Law School

Date Written: May 2, 2022

Abstract

For two centuries, common lawyers have 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 explains that equity is shaped by the interplay of its remedial, procedural, and substantive law. Equity is adjectival, that is, it modifies law rather than the other way around. Its power comes from remedies, not rights. And for getting into equity, what is central is a grievance. To insist on an equitable cause of action is to work a fundamental change in how a plaintiff gets into equity.

Keywords: equity, federal courts, remedies

Suggested Citation

Bamzai, Aditya and Bray, Samuel L., Debs and the Federal Equity Jurisdiction (May 2, 2022). Notre Dame Law Review, Vol. 98, 2022, Available at SSRN: https://ssrn.com/abstract=3953534 or http://dx.doi.org/10.2139/ssrn.3953534

Aditya Bamzai

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
725
Abstract Views
2,420
rank
52,332
PlumX Metrics