The Death of the Irreparable Injury Rule

The Death of the Irreparable Injury Rule

Author: Douglas Laycock

Publisher: Oxford University Press, USA

Published: 1991

Total Pages: 375

ISBN-13: 0195063562

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The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.


The White Scourge

The White Scourge

Author: Neil Foley

Publisher: Univ of California Press

Published: 1998-01-02

Total Pages: 370

ISBN-13: 9780520918528

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In a book that fundamentally challenges our understanding of race in the United States, Neil Foley unravels the complex history of ethnicity in the cotton culture of central Texas. This engrossing narrative, spanning the period from the Civil War through the collapse of tenant farming in the early 1940s, bridges the intellectual chasm between African American and Southern history on one hand and Chicano and Southwestern history on the other. The White Scourge describes a unique borderlands region, where the cultures of the South, West, and Mexico overlap, to provide a deeper understanding of the process of identity formation and to challenge the binary opposition between "black" and "white" that often dominates discussions of American race relations. In Texas, which by 1890 had become the nation's leading cotton-producing state, the presence of Mexican sharecroppers and farm workers complicated the black-white dyad that shaped rural labor relations in the South. With the transformation of agrarian society into corporate agribusiness, white racial identity began to fracture along class lines, further complicating categories of identity. Foley explores the "fringe of whiteness," an ethno-racial borderlands comprising Mexicans, African Americans, and poor whites, to trace shifting ideologies and power relations. By showing how many different ethnic groups are defined in relation to "whiteness," Foley redefines white racial identity as not simply a pinnacle of status but the complex racial, social, and economic matrix in which power and privilege are shared. Foley skillfully weaves archival material with oral history interviews, providing a richly detailed view of everyday life in the Texas cotton culture. Addressing the ways in which historical categories affect the lives of ordinary people, The White Scourge tells the broader story of racial identity in America; at the same time it paints an evocative picture of a unique American region. This truly multiracial narrative touches on many issues central to our understanding of American history: labor and the role of unions, gender roles and their relation to ethnicity, the demise of agrarian whiteness, and the Mexican-American experience.


Southern Kith and Kin

Southern Kith and Kin

Author: Jewel Davis Scarborough

Publisher:

Published: 1951

Total Pages: 264

ISBN-13:

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Ancestors include: Captain Edmond Scarborough (1584-1634) of North Walsham, England; and Virginia -- John Davis, a Revolutionary War soldier of Virginia; and his grandson, William Davis (1798-1870) of Georgia and Salem, Alabama -- Thomas Lockett (d. 1686) of England and Henrico County, Virginia.


Road, River, and Ol' Boy Politics

Road, River, and Ol' Boy Politics

Author: Linda Scarbrough

Publisher: Texas State Historical Assn

Published: 2008-07

Total Pages: 0

ISBN-13: 9780876112359

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Winner of the 2006 National Council on Public History Book Award for the best work published about or growing out of public history, Road, River, and Ol' Boy Politics has quickly established its reputation as the definitive source on the subject of the growth of supersuburbs. In 1946 Williamson County was profoundly rural, centered on an agricultural economy, ethnically diverse, and Democratic. Half a century later, it was one of the five fastest-growing counties in the United States, staunchly Republican, and culturally homogeneous. Linda Scarbrough presents the story of how this came about through the machinations of a handful of local political and economic "bosses" who brought Williamson County two federal public works projects: Interstate Highway 35 and a dam on the San Gabriel River.