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Full-Text Articles in Law
Reinventing Appellate Jurisdiction, Adam N. Steinman
Reinventing Appellate Jurisdiction, Adam N. Steinman
Faculty Scholarship
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this Article reveals that, as applied in practice, federal courts have drawn sensible lines between interlocutory orders that are immediately appealable and those that are not. A limited category of interlocutory orders, primarily those rejecting immunities from suit, are immediately appealable as of right. All other interlocutory orders are potentially eligible for discretionary appellate review. The doctrinal morass of the present framework, however, has obscured this basically sensible structure and has led to inefficient procedures for …
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
All Faculty Scholarship
This paper addresses the importance of comparative legal methods for study of comparative procedure.
Distinguishing Certification From Abstention In Diversity Cases: Postponement Versus Abdication Of The Duty To Exercise Jurisdiction, Deborah Challener
Distinguishing Certification From Abstention In Diversity Cases: Postponement Versus Abdication Of The Duty To Exercise Jurisdiction, Deborah Challener
Journal Articles
This Article argues that a federal court does not abdicate its duty to exercise its jurisdiction when it certifies a question in a diversity case; instead, the court merely postpones the exercise of its jurisdiction. Thus, federal courts need not limit certification in diversity cases to exceptional circumstances.
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker
Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker
All Faculty Scholarship
Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published trial court opinions, finding that civil rights and other "hot" topics are more likely to be explained than purportedly ordinary legal problems involved in resolving social security and commercial law cases. This orthodoxy comforts consumers of legal opinions, because it suggests that they are largely representative of judicial work. To test such views, we collected data from a thousand cases in four different jurisdictions. …