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Full-Text Articles in Law
Reassessing The Purposes Of Federal Question Jurisdiction, John F. Preis
Reassessing The Purposes Of Federal Question Jurisdiction, John F. Preis
Law Faculty Publications
For ages, judges and legal academics have claimed that federal question jurisdiction has three purposes: to provide litigants with a judge experienced in federal law, to protect litigants from state court hostility toward federal claims, and to preserve uniformity in federal law. Because federal claims, for the most part, have always been cognizable in state courts, these purposes imply that state courts are less experienced, more hostile, and more likely to adjudicate federal law in ways that decrease the uniformity of federal law. Despite the ongoing allegiance to this conception of federal question jurisdictionand by implication, state court adjudication of …
Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue
Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue
Law Faculty Publications
Cumulative supplement to Jurisdiction in Civil Action Third Edition.
Erie Railroad V. Tompkins, Wendy Collins Perdue
Erie Railroad V. Tompkins, Wendy Collins Perdue
Law Faculty Publications
Erie Railroad v. Tompkins 304 U.S. 64 (1938), limited the power of federal courts to create judge-made law that would displace state law. Jurists view the Supreme Court's decision both a modern cornerstone of American judicial federalism and an example of legal realism's influence.