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Full-Text Articles in Jurisprudence
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
Scholarly Works
This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was …
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.