Judging Equity: The Fusion of Unclean Hands in U.S. Law
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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Interpreting the Merger
Announcing the Clean Hands Doctrine
Examining the Cases
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actions at law Age of Statutes Anenson & Mark application of unclean applying unclean hands Buchanan Home Chancery citing clean hands doctrine common law constitute unclean hands Corp court of equity court protection decisions defense of unclean defense’s deny discretion discussion infra Chapter discussion supra Chapter discussion supra Section dismissal district court doctrine of unclean Edition equitable defenses equitable doctrines equitable estoppel equitable principles equitable relief equitable remedies Equity and Law equity’s explaining federal courts fraud fusion of law hands at law Hartford-Empire Co hereinafter Anenson inequitable conduct judges judicial jurisdiction justice laches law and equity Laycock legal relief Leigh Anenson maxim maxims of equity pari delicto parties plaintiff Pluralistic Model Precision Instrument Mfg procedural Roscoe Pound Rptr rules Smith Statutory Interpretation Supp supra note supra note 25 Supreme Court Tenet Healthcare tort Triumph of Equity unclean conduct unclean hands defense Zechariah Chafee