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Full-Text Articles in Jurisdiction
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Cleveland State Law Review
The Article will discuss and analyze the forces that shaped Ableman v. Booth, one of the most dramatic confrontations in the long-running dispute over fugitive slaves, the Supreme Court's disposition of the case, and the aftermath of the decision. The Article will begin by describing the state of the dispute over fugitive slaves in the mid-1850s. The Article will then recount the events that brought Ableman to the Supreme Court and analyze the Court's opinion. Finally, the Article will discuss the aftermath and significance of the dispute.
The Federal Preemption Question - A Federal Question - An Analysis Of Federal Jurisdiction Over Supremacy Clause Issues, A. Mark Segreti Jr.
The Federal Preemption Question - A Federal Question - An Analysis Of Federal Jurisdiction Over Supremacy Clause Issues, A. Mark Segreti Jr.
Cleveland State Law Review
This Article focuses on the issue of simplicity and predictability in analyzing federal question jurisdiction and recommends making federal court jurisdiction, in the area of federal preemption, consistent with logic. Federal question jurisdiction should be based on the source of the controlling substantive law. This approach is more logical, and therefore easier to understand. It is also more certain and therefore more predictable since it bases jurisdiction on the more realistic standard of governing law, rather than on speculation as to which party is the aggressor. This Article is not a recommendation to expand federal court jurisdiction; it is a …
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Cleveland State Law Review
An important group of cases over which the inferior federal courts in the United States have jurisdiction consists of those in which the parties are "citizens of different States." Theoretically, it cannot be doubted that controversies "arising under" federal law are proper for adjudication in federal courts, while the necessity of extending the federal judicial power to diversity cases is not readily apparent.