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Articles 1 - 5 of 5
Full-Text Articles in Law
Keeping Faith With Nomos, Steven L. Winter
Procedural Common Law, Amy Coney Barrett
Procedural Common Law, Amy Coney Barrett
Journal Articles
Debates about the common lawmaking power of the federal courts focus exclusively on substantive common law. But federal common law is not limited to matters of substance; it reaches matters of procedure as well. Federal law includes a robust body of what might be called procedural common law - common law primarily concerned with the regulation of internal court processes rather than substantive rights and obligations. This body of law includes many doctrines that are fixtures in the law of procedure and federal courts. For example, abstention, forum non conveniens, remittitur, stare decisis, and preclusion can all fairly be characterized …
The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman
The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman
The Journal of Appellate Practice and Process
No abstract provided.
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Michigan Law Review
Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …
British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown
British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown
Books
When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …