2. If a New York equity court would not have granted relief for whatever reason, should a...

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2. If a New York equity court would not have granted relief for whatever reason, should a federal court sitting in diversity nevertheless grant a remedy? In answering this question, consider Justice Frankfurter’s discussion of the difference between recognizing a statecreated right and providing a remedy for infringement of that right. Could it not be argued that available remedies actually define the scope of the underlying rights?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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