Carlos M. Vázquez

Essay

The Constitution as a Source of Remedial Law

This Essay responds to Owen Gallogly’s Equity’s Constitutional Source.  It argues that it is implausible to locate the federal courts’ authority to afford equitable relief in Article III, but it defends a constitutional default rule applicable to legal as well as equitable remedies having its source in the Supremacy Clause.

Mar 31, 2023