7291. Equity

Equity is what courts of equity would do if there were courts of equity (Maitland). We explain the counterfactual, that is, we study (1) equitable remedies and restitution (2) the history of equity (3) theories of equity e.g. equity as a metalanguage whose object language is law (4) equitable practice today, especially injunctions in constitutional litigation. We do not survey (1)-(4). Instead, we select among specificities, from uses on uses to what Justice Barrett says next. [Course description pending approval.]