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Article Iii Limits On Article I Courts: The Constitutionality Of The Bankruptcy Court And The 1979 Magistrates Act, Lucinda M. Finley

Journal Articles

No abstract provided.

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Journal Articles

"Formalism" is the label regularly used to describe judicial opinions of the late nineteenth century. The label is descriptive when used in contradistinction to "instrumentalism." Use of the label, however, has certain drawbacks. For example, there is little objective or empirical evidence to support the application of the two antithetical terms. In addition, a single term cannot reflect whatever diversity of styles may exist among the judges of a single court. This article describes the results of an attempt to rectify those two drawbacks and to determine whether the Justices of the Supreme Court at the turn of the century—while …

World-Wide Volkswagen Corp. V. Woodson: Reflections On The Road Ahead, Kenneth F. Ripple, Mollie A. Murphy

Journal Articles

During its past several terms the Supreme Court of the United States has, after a long period of inactivity, engaged in a reexamination of the constitutional limitations on state court jurisdiction. Last term, in World-Wide Volkswagen Corp. v. Woodson, this reexamination reached a new plateau. Woodson significantly elucidated the constitutional policy considerations underlying this area. Yet, as so often occurs in constitutional litigation, the resolution of old doubts has also brought into sharper focus other yet unresolved issues.

This article has two purposes. First, it will assess the significance of Woodson in the overall doctrinal development of jurisdictional standards. Second, …