Remedies

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Session Type: Section Programs

Session Capacity: 160

Hotel: New York Hilton Midtown

Room: Gramercy East

Floor: Second Floor

A perennial topic in American legal discourse is the degree to which the federal courts have the power to “make law.” This debate often focuses on the courts’ relationship with Congress or their methods of interpretation. Less frequently considered, however, are the federal courts’ “equitable powers”—powers that the courts arguably inherited from English courts of equity at the founding. These powers concerned not just remedies in the formal sense, but also matters closely related to remedies, such as equitable defenses and procedures. This program will consider several different circumstances in which the federal courts have purported to, or declined to, apply the law of equity. Scholars with an interest in equity, judicial power, legal history, remedies or procedure should attend.

The Section held a virtual business meeting in advance of the Annual Meeting.