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Full-Text Articles in Law

Provincialism In United States Courts , Patrick M. Mcfadden Nov 1995

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.


Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg Sep 1995

Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.

The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …