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Full-Text Articles in Law
Should Summary Judgment Be Granted?, Bradley Scott Shannon
Should Summary Judgment Be Granted?, Bradley Scott Shannon
American University Law Review
This article discusses (and criticizes) the recent change from "shall" to "should" in Federal Rule of Civil Procedure 56 to describe the standard by which a federal district court is to decide a "properly made and supported" motion for summary judgment. The article concludes that the text of Rule 56, which formally provided that such a motion "shall" be granted, cannot plausibly be construed as meaning "should"; that this change was not supported by those authorities cited by the Federal Civil Rules Advisory Committee; and that, as a normative matter, "should" is an inappropriate standard in this context. Federal district …
Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro
Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro
American Indian Law Review
No abstract provided.
Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander
Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander
Michigan Law Review
Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article Ill's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …
A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow
A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow
Michigan Law Review
In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment along with each of the present tests-encourages jurisdictional abuses by forcing the federal …
Chief Judges: The Limits Of Attitudinal Theory And Possible Paradox Of Managerial Judging, Tracey E. George, Albert H. Yoon
Chief Judges: The Limits Of Attitudinal Theory And Possible Paradox Of Managerial Judging, Tracey E. George, Albert H. Yoon
Vanderbilt Law Review
Grutter v. Bollinger is familiar to American lawyers, academics, and law students as the Supreme Court decision allowing the consideration of race in law school admissions.1 Grutter's procedural history is nearly as noteworthy as its substantive holding. The University of Michigan Law School, after losing in federal district court, appealed to the U.S. Court of Appeals for the Sixth Circuit. Three Democratic appointees were assigned to the panel: Judges Karen Nelson Moore and Martha Craig Daughtrey, who had heard an earlier interlocutory appeal, and Chief Judge Boyce Martin, who replaced the designated district judge from the earlier panel. The white …
"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts
"A Desert Grows Between Us"' The Sovereignty Paradox At The Intersection Of Tribal And Federal Courts, Caprice L. Roberts
Washington and Lee Law Review
No abstract provided.