Judging Equity: The Fusion of Unclean Hands in U.S. Law
Cambridge University Press, 11/15/2018
EAN 9781107160477, ISBN10: 1107160472
Hardcover, 234 pages, 23.4 x 15.5 x 1.5 cm
Language: English
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.
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.