Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Supreme Court (3)
- Federal Courts (2)
- Federal Jurisdiction (2)
- Courts (1)
- Discovery (Law) (1)
-
- Elections (1)
- Evidence spoliation (1)
- Federal courts (1)
- Judicial Elections (1)
- Judicial power (1)
- Jurisdiction (1)
- Legal Authorities (1)
- Litigation (1)
- Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities L.L.C. 685 F. Supp. 2d 456 (S.D.N.Y. 2010) (1)
- Politics (1)
- Popular Opinion (1)
- Precedents (1)
- State Courts (1)
- Technology Policy (1)
- United States Constitution (1)
- United States. Supreme Court (1)
- Publication
Articles 1 - 8 of 8
Full-Text Articles in Law
Hybridizing Jurisdiction, Scott Dodson
Hybridizing Jurisdiction, Scott Dodson
Faculty Publications
Federal jurisdiction – the “power” of the court – is seen as something separate and unique. As such, it has a litany of special effects that define jurisdictionality as the antipode of nonjurisdictionality. The resulting conceptualization is that jurisdictionality and nonjurisdictionality occupy mutually exclusive theoretical and doctrinal space. In a recent Article in Stanford Law Review, I refuted this rigid dichotomy of jurisdictionality and nonjurisdictionality by explaining that nonjurisdictional rules can be “hybridized” with any – or even all – of the attributes of jurisdictionality.
This Article drops the other shoe. Jurisdictional rules can be hybridized, too, and in myriad …
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Popular Media
For the first time in a century, the Supreme Court is divided solely by political party.
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
Faculty Publications
Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …
Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins
Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins
Faculty Publications
No abstract provided.
The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer
The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer
Faculty Publications
The issue of discovery misconduct, specifically as it pertains to the prelitigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Banc of America Securities LLC, Judge Shira A. Scheindlin-of the Zubulake v. UBS Warburg LLC2 e-discovery casespenned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches …
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Faculty Publications
Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …
Precedent, Aaron-Andrew P. Bruhl
Catching The Wave: State Supreme Court Outreach Efforts, Rebecca Green
Catching The Wave: State Supreme Court Outreach Efforts, Rebecca Green
Faculty Publications
State supreme courts have begun to grasp the many ways technology can connect the public with courts. This article will review some of the main trends in state supreme courts’ use of the Internet to educate the public about their work.