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Judicial Restraint in America$
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Evan Tsen Lee

Print publication date: 2011

Print ISBN-13: 9780195340341

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195340341.001.0001

David Brewer, Natural Rights, and the Triumph of Equity

Chapter:
(p. 19 ) 2. David Brewer, Natural Rights, and the Triumph of Equity
Source:
Judicial Restraint in America
Author(s):

Evan Tsen Lee

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195340341.003.0002

This chapter presents Brewer's opinion on equity jurisprudence. For Brewer, the federal government's eligibility to invoke the federal equity jurisdiction was coterminous with its enumerated powers under the Constitution. And, even if the government could not point to any property “right” of its own, the “common rights” of the citizenry were at stake, and equity was available to vindicate them.

Keywords:   justices, equity jurisprudence, federal equity jurisdiction

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