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Full-Text Articles in Law
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
Articles & Chapters
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 courts to …
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
Articles & Chapters
Unpublished appellate judicial opinions present formidable challenges for modern legal researchers, from both practical and ethical points of view. The practice of selective publication of court opinions, and attendant court rules that restrict citation of unpublished opinions, have long been the subject of debate within legal profession. The recent case of Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000), vacated as moot 235 F.3d 1054 (8th Cir. 2000), has rekindled this debate, giving it a new constitutional dimension, and placing it squarely within the context of judicial accountability and the appropriate separation of powers among our branches of …
Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56
Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56
Book Reviews
No abstract provided.
Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr.
Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr.
Other Publications
No abstract provided.
How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler
How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler
Other Publications
No abstract provided.
The Fault Is In Ourselves, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Articles & Chapters
No abstract provided.
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Constitutional Law
No abstract provided.
Federal Courts At The Crossroads, Roger J. Miner '56
Federal Courts At The Crossroads, Roger J. Miner '56
Bar Associations
No abstract provided.