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Full-Text Articles in Law
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Doris DelTosto Brogan
Abstract: In 2009, the Court of Appeals for the Third Circuit decided Berrier v. Simplicity, a tragic, but otherwise modest personal injury diversity case that was brought under Pennsylvania products liability law. The Third Circuit predicted that Pennsylvania would adopt the Restatement (Third) of Torts, and abandon what everyone (including several members of the Pennsylvania Supreme Court) considered an incomprehensible products liability jurisprudence that had evolved under Pennsylvania’s interpretation of the Restatement (Second). But for five years the Pennsylvania Supreme Court did not adopt the Restatement (Third), despite several opportunities to do so. Yet during those years, the Third Circuit …
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether
Working Paper Series
Constitutional Solipsism is the fourth in a series of articles on aspects of the private judging practices which have come to characterize the U.S. state and federal courts since the late 1950s. The first, Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts, 56 STAN. L. REV. 1435 (2004) gave a critical historical account of the development of the “practices of private judging” in U.S. Courts. Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, 62 WASH. & LEE L. REV. 1553 (2005), analyzed the development of a distinctive U.S. theory of precedent. Sorcerers, …
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin
Villanova Law Review
No abstract provided.
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
Villanova Law Review
No abstract provided.
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Villanova Law Review
No abstract provided.
An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles
An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles
Villanova Law Review
No abstract provided.
The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams
The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams
Villanova Law Review
No abstract provided.
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
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.
Recent Developments, Various Editors
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
Villanova Law Review
No abstract provided.
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
Villanova Law Review
No abstract provided.
Present Frontiers In Constitutional Law, William T. Coleman Jr.
Present Frontiers In Constitutional Law, William T. Coleman Jr.
Villanova Law Review
No abstract provided.
Advisory Opinions As A Problem Solving Process, David Lenefsky
Advisory Opinions As A Problem Solving Process, David Lenefsky
Villanova Law Review
No abstract provided.