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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Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether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, …
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Working Paper Series
This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Working Paper Series
Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …
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.
Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine
Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine
Villanova Law Review
No abstract provided.
Attorneys' Fees, Various Editors
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
Villanova Law Review
No abstract provided.
The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner
The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner
Villanova Law Review
No abstract provided.
Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen
Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen
Villanova Law Review
No abstract provided.
Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak
Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis
Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis
Villanova Law Review
No abstract provided.
Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon
Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon
Villanova Law Review
No abstract provided.
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.
Injunctions - Section One Of The Civil Rights Act Of 1871 Is An Expressly Authorized Exception To The Federal Anti-Injunction Statute, Kenneth I. Levin
Injunctions - Section One Of The Civil Rights Act Of 1871 Is An Expressly Authorized Exception To The Federal Anti-Injunction Statute, Kenneth I. Levin
Villanova Law Review
No abstract provided.
Our Options Are Limited, Warren E. Burger
The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane
The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane
Villanova Law Review
No abstract provided.
Manufacturing Diversity Jurisdiction, Gilbert Newman
Manufacturing Diversity Jurisdiction, Gilbert Newman
Villanova Law Review
No abstract provided.
Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh
Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh
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.
Recent Developments, Various Editors
The Accelerated Civil Jury Trial Program In The District Court For The Eastern District Of Pennsylvania, C. William Kraft Iii
The Accelerated Civil Jury Trial Program In The District Court For The Eastern District Of Pennsylvania, C. William Kraft Iii
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.
Judicial Decision Making And Computers, Allen Harris
Judicial Decision Making And Computers, Allen Harris
Villanova Law Review
No abstract provided.
Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler
Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler
Villanova Law Review
No abstract provided.
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
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.