Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Jurisdiction
Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun
Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun
West Virginia Law Review
No abstract provided.
Whose Law Is It, Anyway? A Reconsideration Of Federal Question Jurisdiction Over Cases Of Mixed State And Federal Law, Linda R. Hirshman
Whose Law Is It, Anyway? A Reconsideration Of Federal Question Jurisdiction Over Cases Of Mixed State And Federal Law, Linda R. Hirshman
Indiana Law Journal
No abstract provided.
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 …