The Law's Conscience: Equitable Constitutionalism in America

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Univ of North Carolina Press, 1990 - Political Science - 301 pages
The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoff

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Contents

PROLOGUE BROWN V BOARD OF EDUCATION 1954
1
1 WHAT IS EQUITY?
7
PART ONE TRUSTEESHIP
23
2 THE TRUST AND ENDS OF GOVERNMENT
25
3 THEIR TRUSTEES AND SERVANTS
47
PART TWO EQUALITY
81
4 IN LAW AND EQUITY
85
5 EQUAL PROTECTION
107
6 BALANCE OF EQUITY
147
7 BROWN II AND ITS PROGENY
180
EPILOGUE BALANCE OF EQUITY AND AFFIRMATIVE ACTION
199
CONCLUSION
212
A NOTE ON THE SOURCES
215
NOTES
219
INDEX
293
Copyright

PART THREE REALITY
139

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About the author (1990)

Peter Charles Hoffer is Distinguished Research Professor of History at the University of Georgia. Williamjames Hull Hoffer is assistant professor of history at Seton Hall University. N. E. H. Hull is Distinguished Professor of Law at Rutgers University Law School. Collectively they have authored, coauthored, and edited more than three dozen books.

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