In the last Journal of Legal Education, Eugene Volokh published "lost maxims of equity." They're pretty funny, if you're used to reading courts talk about what equity expects, demands, abhors, etc. Okay, so maybe "pretty funny" only applies to a limited set of people, but as judicial language is more populated with hackneyed phrases than fanfiction.net is, it's still possible to smile at the gentle send-up. My favorites:
Equity abhors a nudnik.
He who seeks equity must do so with full pockets.
Equity is not for the squeamish.
Equity is crunchy on the outside, soft and chewy on the inside.
Equity, like all of us, prefers the rich and good-looking.
It now turns out that he was unconsciously influenced by another list of not-quite-maxims of equity. Also good:
He who comes into equity must come with clean underwear.
Equity delights in doing justice, but loves a good joke.
Equity pierces through substance to form.
Equity builds strong bodies twelve ways.
He who seeks equity is asking for trouble.
Where there are equal equities, the baby should be cut in half.
I especially like the last because I've been thinking about how I dislike the jurisprudence of Justice O'Connor, who is always splitting the difference, whether the subject be abortion, federalism, affirmative action, or any other damn thing. She thinks it's Solomonic to have no absolute rules and seek the middle ground, but she forgets that when you split the baby, the baby dies. Anyhow, Gene credits the other list here.
Equity abhors a nudnik.
He who seeks equity must do so with full pockets.
Equity is not for the squeamish.
Equity is crunchy on the outside, soft and chewy on the inside.
Equity, like all of us, prefers the rich and good-looking.
It now turns out that he was unconsciously influenced by another list of not-quite-maxims of equity. Also good:
He who comes into equity must come with clean underwear.
Equity delights in doing justice, but loves a good joke.
Equity pierces through substance to form.
Equity builds strong bodies twelve ways.
He who seeks equity is asking for trouble.
Where there are equal equities, the baby should be cut in half.
I especially like the last because I've been thinking about how I dislike the jurisprudence of Justice O'Connor, who is always splitting the difference, whether the subject be abortion, federalism, affirmative action, or any other damn thing. She thinks it's Solomonic to have no absolute rules and seek the middle ground, but she forgets that when you split the baby, the baby dies. Anyhow, Gene credits the other list here.
Tags: