Statutory Violations and Equitable Discretion

Zygmunt Plater
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Zygmunt Plater: Boston College Law School

Boston College Law School Faculty Papers from Boston College Law School

Abstract: Equity, that ancient and amiable dowager of Anglo-American law, often appears to have ambled through the twentieth century free of the stress and strains that have belabored the common law. A closer analysis of the practice and logic of equity in the modern statutory context, however, undercuts that appearance of immutability. The resulting recasting of equitable doctrines has important implications, not only for equity theory, but also for contemporary legal analysis of administrative law, the relationship between courts and legislatures, and modern pluralistic democracy.

Keywords: equity; administrative discretion; separation of powers; injunctions (search for similar items in EconPapers)
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