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Assessing The Revised Arizona Local Rules Of Federal Procedure, Carl W. Tobias
Assessing The Revised Arizona Local Rules Of Federal Procedure, Carl W. Tobias
Law Faculty Publications
The United States District Court for the District of Arizona has generally not contributed to a significant difficulty with modem federal court practice: local procedural proliferation. Each of the remaining ninety-three federal district courts has prescribed and applied numerous local strictures that govern admiralty, bankruptcy, civil, criminal and evidentiary practice, while mounting numbers of these local provisos conflict with or repeat analogous federal rules or statutes. In contrast, the United States District Court for the District of Arizona has promulgated and enforced relatively few local measures, and only a tiny percentage of them are redundant or inconsistent with corresponding federal …
Reassessing The Purposes Of Federal Question Jurisdiction, John F. Preis
Reassessing The Purposes Of Federal Question Jurisdiction, John F. Preis
Law Faculty Publications
For ages, judges and legal academics have claimed that federal question jurisdiction has three purposes: to provide litigants with a judge experienced in federal law, to protect litigants from state court hostility toward federal claims, and to preserve uniformity in federal law. Because federal claims, for the most part, have always been cognizable in state courts, these purposes imply that state courts are less experienced, more hostile, and more likely to adjudicate federal law in ways that decrease the uniformity of federal law. Despite the ongoing allegiance to this conception of federal question jurisdictionand by implication, state court adjudication of …