Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow Jan 2009

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 …


Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56 Jan 1997

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. Jan 1997

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 Jan 1996

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 Jan 1995

The Fault Is In Ourselves, Roger J. Miner '56

Bar Associations

No abstract provided.


Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56 Jan 1990

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 Jan 1987

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 Nov 1986

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 Jan 1986

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.