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Authors

David A. Case

Document Type

Article

Media Type

Text

Abstract

This article argues that Article I courts can use equitable principles to provide individuals who have been victimized by corrupt behavior of government attorneys with a remedy. Article III courts have struggled to define the powers of Article I courts in a way that does not do violence to the petition clause, the appropriations clause, or the takings clause, sometimes concluding that petitioners were entitled to no relief when the government had violated some right of the petitioners. After tracing the development of claims against the government in general, and in the extant Article I courts, the article employs Professors Hart and Sacks' rights and remedies dichotomy to show that Article I courts may use equitable doctrines to provide private litigants with a remedy for government attorney misconduct.

First Page

101

Last Page

212

Publication Date

11-1-2005

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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