‘The Supreme Court’s New Equity: We’re Not in Kansas Anymore’

“This is a private law blog, but that doesn’t make the US Supreme Court irrelevant. This past term, in Kansas v Nebraska, 135 S Ct 1042 (2015), the Court afforded equitable relief to both sides in a dispute over water taken by Nebraska from the Republican River Basin under an interstate compact involving those two states and Colorado, along with and a previous settlement. The case has it all: water, interstate relations, federal supremacy, original jurisdiction, contract law – and equity. Although there is a lot to say about this case, it is this last aspect – the role of equity – that I think is underappreciated or mis-appreciated …” (more)

[Henry Smith, New Private Law, 16 July]

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