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Articles 1 - 14 of 14

Full-Text Articles in Law

The Erie Doctrine: A Flowchart, Michael S. Green Jan 2018

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. Jan 2010

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Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr. Jan 2008

Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.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 Jan 2006

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 Jan 1993

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 Jan 1989

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 Jan 1987

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 Jan 1980

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 Jan 1973

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 Jan 1973

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 Jan 1970

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. Jan 1967

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 Jan 1967

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 Jan 1964

Federal Courts - Change Of Venue - Transferee District Court Bound To Apply Law Of Transferor State, Michael A. Macchiaroli

Villanova Law Review

No abstract provided.