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This case arises under FELA, however, by which Congress has directed the courts, and ultimately this Court, to use their resources to develop equitable rules of decision.
One is the need to develop fairer and more equitable rules.
The issue of costs could be explicitly addressed, and courts could impose equitable rules for sharing the cost of developing new evidence taking into account the reasons why such knowledge was not available from the outset.
According to Maslach and Leiter [ 46], fairness reflects organizational justice and can be defined as the extent to which the organization has consistent and equitable rules for all employees.
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See Sony, 464 U.S. at 448, 104 S.Ct. at 792 (fair use defense is an "equitable rule of reason").
These three factors combined to replace an older equitable ideal with a new equitable rule-one whose use has rapidly expanded in the modern era to allow assorted approximations and judicial redistributions of property.
[S]ince the doctrine is an equitable rule of reason, no generally applicable definition is possible, and each case raising the question must be decided on its own facts.
The best interest test was deleted in section 94(b)(1) of current chapter IX from previous chapter IX [chapter 9 of former title 11] because it was redundant with the fair and equitable rule.
The Judicature Acts were much more than a regrouping and renaming of courts; they attempted to fuse law and equity by making available legal and equitable remedies in all divisions of the High Court and by providing that the equitable rule should prevail when conflicts arose.
The standard rule for dividing the funds is based on the equitable rule that "equity is equality"; money should be divided equally.
Fasting is one way to wrestle the governance of our persons into something more like a democracy -- where soul and spirit are allowed to have a say -- bringing that selfish despot, the potentially insatiable body, under the equitable rule of law.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com