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Statutory Violations and Equitable Discretion
Zygmunt J.B. Plater, Boston College Law School
Published in California Law Review 70 (May 1982): 524-594
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.
SUGGESTED CITATION:
Zygmunt J.B. Plater,
"Statutory Violations and Equitable Discretion"
(May 1, 1982).
Boston College Law School.
Boston College Law School Faculty Papers.
Paper 7.
http://lsr.nellco.org/bc/bclsfp/papers/7
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