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- Title
The Triumph of Equity: Equitable Estoppel in Modern Litigation.
- Authors
Anenson, T. Leigh
- Abstract
The article examines the current state of estoppel law related to each part of the tripartite analysis, the definition of the defense, the decisionmaker, and the exercise of discretion. It offers insights in the area of equitable estoppel and demonstrates how legal innovation through analogical reasoning is always a work in progress. It also discusses the judge as primary arbiter of equitable defenses, and explores whether and when litigants have a constitutional right to a jury evaluation.
- Subjects
ESTOPPEL; DECISION making; DISCRETION; REASONING; JUDGES; JURY; ACTIONS &; defenses (Law); EQUITABLE estoppel
- Publication
Review of Litigation, 2008, Vol 27, Issue 3, p377
- ISSN
0734-4015
- Publication type
Article