Archive for February, 2011

The Late Honorable Louis E. Condon

February 24, 2011

The late Honorable Louis E. Condon was the Master in Equity for Charleston County, South Carolina. He was a close personal friend, a superb judge, and a very nice person.

I have taken the liberty of attaching, as I thought some people who read the Equity is Swell Blog might find it of genuine interest, his obituary that ran in the Charleston Post & Courier Newspaper. I have also attached my own very brief remarks at his funeral, which took place this past weekend.

The Problem of Riggs v. Palmer (Equity and Statutory Law)

February 16, 2011

Continuing with this part of the blog, from time to time, I am adding more of the Power Points I use in my own course at the Charleston School of Law in Equity. You will note that I often start a new class by reviewing quickly the key points of a prior class or two. In my own opinion, this sometimes helps students pick up what I think are the real “take aways” from the prior classes. Of course, as always, I am happy to hear comments – pro or con. (after all that is the world we all live in) 

 –Spitz

Introduction to Equity

February 10, 2011

From time to time, I am going to be posting some of my classroom Power Points. Here is one from my very first class this semester.

 

Introduction to Preliminary Injunctive Relief

February 9, 2011

This is the third student presentation of this semester. It deals with the interesting question of preliminary injunctive relief. When is a party entitled to ask a Court to enjoin some activity prior to the trial itself? The equitable requirements for this type of relief vary somewhat from state to state. Nonetheless, there is also a whole lot of uniformity among the states, and the Federal Courts, about the elements of proof necessary under SCRCP or FRCP 65 as to what may be necessary. This next case, from the Re & Re Casebook, illustrates some of the very interesting questions that can arise in this area of law.

The students did an excellent job with this presentation.  

Notice of an Equitable Order

February 9, 2011

This is the second student presentation in this class, Equity Spring 2011. It deals with an old, but still very important, case.

When does someone have notice that they are subject to an equitable order? Do they have to have the Order personally served on them? Do they have to have been told about the Order from a reliable source? Do they first have to have carefully read the Order?

These questions are important and they are answered, in part, by this old but still quite colorful case from New Jersey. I think the students who presented this case to the class did an excellent job. I enjoyed the presentation (as did the class) and I hope you enjoy it as well. If you have some comments, questions, or concerns, please do not hesitate to post them on the website.


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