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Full-Text Articles in Law
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Indiana Law Journal
The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …
Scrutinizing Federal Electoral Qualifications, Derek T. Muller
Scrutinizing Federal Electoral Qualifications, Derek T. Muller
Indiana Law Journal
Candidates for federal office must meet several constitutional qualifications. Sometimes, whether a candidate meets those qualifications is a matter of dispute. Courts and litigants often assume that a state has the power to include or exclude candidates from the ballot on the basis of the state’s own scrutiny of candidates’ qualifications. Courts and litigants also often assume that the matter is not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now.
This Article compiles the mandates of the Constitution, the precedents of Congress, the practices of states administering …
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Indiana Law Journal
No abstract provided.
Essays From The Bench (Introduction), Eugene A. Wright
Essays From The Bench (Introduction), Eugene A. Wright
Indiana Law Journal
Colloquium: The Federal Judiciary: Essays from the Bench
The Proposed National Court Of Appeals: A Threat To Judicial Symmetry, Luther M. Swygert
The Proposed National Court Of Appeals: A Threat To Judicial Symmetry, Luther M. Swygert
Indiana Law Journal
Symposium: Problems of the Federal Judiciary: A View from the Bench
Introduction: A View From The Bench, Jesse E. Eschbach
Introduction: A View From The Bench, Jesse E. Eschbach
Indiana Law Journal
Symposium: Problems of the Federal Judiciary: A View from the Bench
Separation Of Powers: The Phenomenon Of Legislative Courts, Edwin H. Greenebaum, W. Willard Wirtz
Separation Of Powers: The Phenomenon Of Legislative Courts, Edwin H. Greenebaum, W. Willard Wirtz
Indiana Law Journal
No abstract provided.
Policy And Procedure In Abstention: Is The Pullman Technique Proper?
Policy And Procedure In Abstention: Is The Pullman Technique Proper?
Indiana Law Journal
No abstract provided.
The Role Of Domestic Courts In The International Legal Order, Richard A. Falk
The Role Of Domestic Courts In The International Legal Order, Richard A. Falk
Indiana Law Journal
Symposium: Procedural Aspects of International Law
The Marshall Court: Nationalization Of Private Rights And Personal Liberty From The Authority Of The Commerce Clause, W. Howard Mann
The Marshall Court: Nationalization Of Private Rights And Personal Liberty From The Authority Of The Commerce Clause, W. Howard Mann
Indiana Law Journal
No abstract provided.
Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs
Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.