Private Law Theory

Introduction:
… This article has two parts: it starts in part I with a summary of what we know as equitable discretion. Then, part II surveys decision points in litigation where equitable discretion arises. It concludes that, although the tension in process and ideology is eternal, the legal system’s general need for rules and standards supports Steve’s views except in measuring the winning plaintiff’s remedy where the system needs equitable discretion … (more)

Rendleman, Doug (2015), ‘The Triumph of Equity Revisited: The Stages of Equitable Discretion’, Nevada Law Journal, vol 15, iss 3, article 14.

First posted 2016-01-25 06:08:20