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Full-Text Articles in Jurisprudence
The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning
The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Against Certification, Justin R. Long
Against Certification, Justin R. Long
Law Faculty Research Publications
Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state law stands as the definitive declaration of the law on the disputed point. The case then returns to the certifying federal court, which resolves any remaining issues, including federal questions, and then issues a mandate. Although a wide range of academic commentators and jurists support certification as an example of respect for state autonomy, this Article shows that …