讲座主题:THE COURTS OF LAWAND EQUITY: FORCES OF “YIN AND YANG” WITHIN U.S. COMMON LAW
主 讲 人：Bruce M. Kennedy富布莱特学者
时 间：2015年3月6日（周日）晚上18:30--21:00
主讲人简介：
Bruce Kennedy is an Associate Professor of Law at the University ofToledo College of Law. From 1993 to2005, Professor Kennedy served as the Director of the LaValley Law Library. Heis now a full time law teacher who teaches Property Law as well as Art Law,International and Comparative Cultural Property Law, Legislation, Remedies andTrusts and Estates Law. ProfessorKennedy has taught mini-courses in Property as a lecturer in the American LawProgram at Szeged University in Hungary. In 2009, Professor Kennedy was named aFulbright Scholar to teach U.S. Property Law and U.S. Legal Research Methods atZhongnan University of Economics and Law in Wuhan, China. His primary areas ofresearch are cultural property law, copyright law, information policy and legalcitation reform.
Prior to joining the faculty at Toledo, Professor Kennedy heldpositions at the Cornell and Georgetown law libraries. While in Washington, he testified beforeCongress and federal agencies on a wide range of information policy matters. He holds two degrees from the University ofMichigan - an A.B. (1976) and an M.L.S. (1984) and a J.D (1980) from theUniversity of Minnesota.
讲座内容提要：
This presentation will introduce Chinese law students and facultymembers to two branches of U.S. Common Law – the judicial branches of “Law” and“Equity.” In feudal times, the Kings of England established separate courts ofLaw and Equity which each developed their own procedures, trial practices,substantive claims, defenses and remedies. The United States inherited this dual judicial system from England.
In 1875, the Parliament of England “merged” (consolidated) itsseparate Law and Equity courts into a unified modern court. In the TwentiethCentury, many of the individual American States also “merged” their Law andCourt courts together. But this “merger” did not eliminate the differences inprocedure, substantive law and remedies between Law and Equity. Instead mergerallowed a single judge to exercise powers in both Law and Equity within asingle proceeding. So the differences between Law and Equity remain alive todayin the U.S. judicial system. Indeed the two judicial branches are different butcomplementary. One can say that the judicial system of the Law courts iscompleted by Equity, and that Equity is completed by the work of the Lawcourts. In these sense these two branches of Common Law justice behave like theancient Chinese concepts of Yin and Yang.
