Archive for the ‘Student Presentations’ Category

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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Weinberger v. Romero-Barcelo, 456 US 305 (1982) (Discretion) (Student Presentation)

January 26, 2011

On Mondays in my class, I am going to be asking various student “law firms” to make a brief presentation to the class about a specific case that we are studying. This first presentation on the famous United States Supreme Court case of Weinberger v. Romero – Barcelo illustrates one of the most basic themes that runs through equity. Courts use their sound discretion when it comes to all equitable remedies. That is, no party is ever entitled to an equitable remedy as a matter of right, but equity always is within the sound discretion of a court. The “law firm” did an outstanding job. I appreciate their work. I hope you enjoy their presentation.

Stephen Spitz