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Judging Equity
The Fusion of Unclean Hands in U.S. Law

  • Author: T. Leigh Anenson, Robert H. Smith School of Business, University of Maryland
  • Date Published: October 2018
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108751049

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About the Authors
  • T. Leigh Anenson analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to contentious conversation about law-equity fusion in other countries of the common law, Anenson provides a historical, doctrinal, and theoretical account of the integration, analyzes cases in the federal courts and across the fifty states, and places the issue of integration within a broader debate over the fusion of law and equity. Her analysis also includes descriptive and normative accounts of the equitable maxim of unclean hands. This groundbreaking work, which clarifies conflicting case law and advances the idea of a principled fusion of law and equity, should be read by anyone interested in the need for equity - its cultivation, preservation, and celebration.

    • Provides the first in-depth look at the relations between law and equity (fusion) in the US since the 1950s
    • Explores the 'clean hands' doctrine in the United States, which maps the boundaries of the defense and develops a principled metric for its operation
    • Allows readers to understand the defense across a variety of legal topics, including legislation, in state and federal law
    • Updates and challenges Chafee's work on unclean hands, which is still relied on by scholars worldwide
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    Product details

    • Date Published: October 2018
    • format: Adobe eBook Reader
    • isbn: 9781108751049
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. Introduction
    2. Announcing the 'clean hands' doctrine
    3. Examining the cases
    4. Interpreting the merger
    5. Framing the fusion debate
    6. Thinking procedurally
    7. Conclusion.

  • Author

    T. Leigh Anenson, Robert H. Smith School of Business, University of Maryland
    T. Leigh Anenson is Professor of Business Law at the Robert H. Smith School of Business, University of Maryland and Associate Director of the Center for the Study of Business Ethics, Regulation, and Crime. She is an internationally recognized scholar working in American equity law and related areas of remedies, private law, and jurisprudence. Her pioneering research has been building a foundation for equitable defenses in modern litigation.

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