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Full-Text Articles in Law

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells Apr 1989

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …


Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein Jan 1989

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

Publications

No abstract provided.


National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith Jan 1989

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.