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Full-Text Articles in Law

Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson Nov 1974

Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson

Vanderbilt Law Review

In an era of continually expanding federal judicial power, the Supreme Court has fashioned and employed several devices designed to delegate certain classes of federal question litigation to the state court systems. Among these devices are the doctrines of abstention, comity, and exhaustion of state remedies. Implementation of these doctrines has enabled the Supreme Court to maintain state judicial presence in federal question litigation and retain at least the appearance of a manageable federalized judicial structure. This article will attempt to analyze the function of the abstention doctrines as judicially-created tempering devices. Following a brief discussion of the factors that …


How Federal Judicial Administration Came To Be The Way It Is, Robert A. Leflar Mar 1974

How Federal Judicial Administration Came To Be The Way It Is, Robert A. Leflar

Vanderbilt Law Review

Differences about how the business of federal circuit and district courts should be administered--as distinguished from how their cases should be decided--down through the years have presented a persistent conflict between an ideal of national uniformity and an effort to maintain local control over administrative details. In one sense this has been a contest between reformers who have sought increased efficiency in federal judicial administration and local judges whose rallying cry was judicial independence and whose personal interest was in continuing to run things as they were accustomed within their own little domains. Occasionally patronage was involved. This did not …


Book Reviews, Edward H. Wall, Poeliu Dai Jan 1974

Book Reviews, Edward H. Wall, Poeliu Dai

Vanderbilt Journal of Transnational Law

THE FUNCTION OF JUDICIAL DECISION IN EUROPEAN ECONOMIC INTEGRATION By C.J. Mann The Hague: Martinus Nijhoff, 1972.Pp. xiv, 567.

Edward H. Wall

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INTERNATIONAL PEACEKEEPING AT THE CROSSROADS: NATIONAL SuPPORT-EXPERIENCE AND PROSPECTS By David W. Wainhouse with the assistance of Frederick P. Bohannon, James E. Knott, Anne P. Simons. Baltimore: The Johns Hopkins University Press, 1973.Pp. 634. $22.50.

Poeliu Dai