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Jurisdiction

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Duke Law

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Conflict of laws--Jurisdiction

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Articles 1 - 3 of 3

Full-Text Articles in Entire DC Network

Reign Of Error: District Courts Misreading The Supreme Court Over Rooker–Feldman Analysis, Thomas D. Rowe Jr., Edward L. Baskauskas Jan 2020

Reign Of Error: District Courts Misreading The Supreme Court Over Rooker–Feldman Analysis, Thomas D. Rowe Jr., Edward L. Baskauskas

Faculty Scholarship

Seventeen decisions in nine U.S. district courts from 2006 through 2019 have taken a demonstrably misgrounded starting point for Rooker–Feldman analysis. The cases have read language from a 2006 Supreme Court opinion, in which the Court quoted criteria stated by the lower court, as their guideline. But the Court summarily vacated the lower court’s judgment, and it had previously articulated, and has repeated, different criteria for federal courts to follow. The district-court decisions all appear to have reached correct results, but the mistake about criteria should be recognized and avoided as soon as possible before it creates potential mischief. And …


Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Chris Dove, Ernest A. Young Jan 2019

Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Chris Dove, Ernest A. Young

Faculty Scholarship

No abstract provided.


The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson Jan 1977

The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson

Faculty Scholarship

No abstract provided.