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

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Cambridge University Press, Nov 15, 2018 - Business & Economics - 234 pages
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.
 

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Contents

Interpreting the Merger
4
Announcing the Clean Hands Doctrine
12
Examining the Cases
59
4
104
5
116
152
137
206
144
Conclusion
218
Copyright

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About the author (2018)

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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