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The Story Of Shaffer: Allocating Jurisdictional Authority Among The States, Wendy Collins Perdue
The Story Of Shaffer: Allocating Jurisdictional Authority Among The States, Wendy Collins Perdue
Law Faculty Publications
Shaffer v. Heitner is one of a long series of Supreme Court cases addressing the scope of state-court territorial authority. Indeed, Shaffer is the first of a dozen modern cases that delineated the Court's current conception of the constitutional limits on state-court jurisdictional authority.
Determining whether a court has jurisdiction to hear a dispute is an important preliminary step in any litigation. But the constitutional doctrine the Court has developed in this area is also an interesting window on the Court's more general understanding of the allocation of power among the states.
The Past And Future Of The Federal Rules In State Courts, Carl W. Tobias
The Past And Future Of The Federal Rules In State Courts, Carl W. Tobias
Law Faculty Publications
Response to Prof. John B. Oakley's writings comparing state court procedural rules with the Federal Rules of Civil procedure.
Professor Oakley's substantial contribution to the Nevada Law Journal dispute resolution symposium neither accords much treatment to how or why the earlier uniformity between state and federal procedural regimes changed so dramatically over such a brief period nor proffers very many suggestions for the future. My response aspires primarily to scrutinize how federal-state consistency deteriorated and secondarily to consider what, if any, measures should be instituted to change the present condition of state civil procedure in the fifty jurisdictions comprising the …