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Articles 1 - 14 of 14
Full-Text Articles in Law
The Erie Doctrine: A Flowchart, Michael S. Green
The Erie Doctrine: A Flowchart, Michael S. Green
Faculty Publications
No abstract provided.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.
Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick
Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick
All Faculty Scholarship
The federal preemption of state law has emerged as a prominent field of study for legal scholars and political scientists. This rise to prominence of a technical and often dull field of jurisprudence is due to a number of developments-increasingly frequent federal statutory preemptions; the states' unprecedented aggressiveness in regulating business transactions, the expansion of corporate liability under state common law and the increased resort of corporate defendants to federal preemption defenses; and, not least, the Rehnquist Court's discovery of federalism and states' rights.
Unfortunately, the preemption debate has been marred by misperceptions and a lack of reliable data. Extravagant …
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Constitutional Law
No abstract provided.
To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen
To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen
Scholarly Works
Federal courts of appeals often grant special deference to district court rulings on matters of state law. This practice is important. It is also ill-conceived. This Article explores this "rule of deference." Section I considers the roots and reach of the rule. Together with the Appendices to this Article, it seeks to detail for practitioners, commentators, and judges the way the rule operates in the courts. The remaining sections of this Article consider the wisdom of the rule of deference. Section II argues that the rule lacks a sound rationale and Section III urges that the rule has bad effects …
Federalism, State Courts, And Section 1983, Gene R. Nichol
Federalism, State Courts, And Section 1983, Gene R. Nichol
Faculty Publications
No abstract provided.
Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller
Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller
Villanova Law Review
No abstract provided.
The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long
The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long
Villanova Law Review
No abstract provided.
Admiralty And Maritime Law, Various Editors
Admiralty And Maritime Law, Various Editors
Villanova Law Review
No abstract provided.
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Villanova Law Review
No abstract provided.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
Villanova Law Review
No abstract provided.
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Villanova Law Review
No abstract provided.
Federal Courts - Change Of Venue - Transferee District Court Bound To Apply Law Of Transferor State, Michael A. Macchiaroli
Federal Courts - Change Of Venue - Transferee District Court Bound To Apply Law Of Transferor State, Michael A. Macchiaroli
Villanova Law Review
No abstract provided.