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Supreme Court

Faculty Scholarship Series

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Articles 1 - 4 of 4

Full-Text Articles in Law

Evidence And The New Federal Rules Of Civil Procedure: 2, Charles C. Callahan, Edwin E. Ferguson Jan 1937

Evidence And The New Federal Rules Of Civil Procedure: 2, Charles C. Callahan, Edwin E. Ferguson

Faculty Scholarship Series

IN DRAFTING the new rules for civil procedure in the federal courts
the Supreme Court's committee has dealt sparingly with the law of
evidence. Rule 44 as set out in the committee's report is designed primarily
to clear up the confusion which has existed heretofore with regard
to the applicability of state rules of evidence in the federal courts and
to avoid any further confusion which might arise from the union of
law and equity under the new rules. Of the several possible methods of
treating these problems, that chosen by the committee is, it is submitted,
best ...


Municipal Debt Adjustment And The Supreme Court, George H. Dession Jan 1936

Municipal Debt Adjustment And The Supreme Court, George H. Dession

Faculty Scholarship Series

LAST May the Supreme Court of the United States once again entered
what has been described as "a vast arena . . . filled with special interests
which conflict and contradict and clamor."' This is the scene of local
government defaults- and of the struggles and negotiations to which they
give rise. Their frequency and wide geographical distribution since 1926
have become common knowledge.2 Our institutional unpreparedness to
cope with such situations in a manner wholly compatible with the
public interest has likewise been demonstrated. Not that this unpreparedness
should have been news; but so few were the defaults between
1900 and ...


Evidence And The New Federal Rules Of Civil Procedure, Charles C. Callahan, Edwin E. Ferguson Jan 1936

Evidence And The New Federal Rules Of Civil Procedure, Charles C. Callahan, Edwin E. Ferguson

Faculty Scholarship Series

THE authority given to the IYnited States Supreme Court by the Act
of June 19, 1934, to prescribe uniform rules of procedure for federal
civil actions at law and to unite the federal law and equity practices aptly
was said, to afford "an unusual opportunity for introducing effective
measures of reform in law administration into our most extended court
system and of developing a procedure which may properly be a model
to all the states."' That the Court intends to avail itself of this opportunity
is evidenced both by its decision to proceed "with the preparation
of a unified system ...


Federal Declaratory Judgments Act, Edwin Borchard Jan 1934

Federal Declaratory Judgments Act, Edwin Borchard

Faculty Scholarship Series

It is especially appropriate to publish in the Virginia Law Review the first extensive commentary on the Federal Declaratory Judgments Act. The credit for its enactment falls largely to ex-Governor, now Representative, Andrew J. Montague, of Virginia, who piloted the Act through the House of Representatives on four separate occasions. His persistence over a period of many years was finally rewarded when on June 14, 1934, President Roosevelt signed the Act (Pub. 343) giving the Federal Courts power to render such judgments.