Law Commons^™

Jurisdictional Conflicts Over Counterclaims Against The United States, David G. Swenson

University of Michigan Journal of Law Reform

This article first discusses the different approaches that courts have used in determining district court jurisdiction over counterclaims and the differing limits that are imposed upon the size of the counterclaim. Second, it examines the relationship between the Court of Claims and the district courts in cases where the defendant cannot counterclaim for full relief in a district court. The article concludes with several legislative proposals that could lessen the uncertainty and lack of uniformity among the courts currently facing a defendant who wants to counterclaim against the government.

Hines V. Anchor Motor Freight: Another Step In The Seemingly Inexorable March Toward Converting Federal Judges (And Juries) Into Labor Arbitrators Of Last Resort, Peter Adomeit

Faculty Scholarship

This Article, directed to the courts, and especially to the federal bench, carries this message: you are in danger of converting the federal judiciary into a panel of labor arbitrators. The advance sheets of the federal courts are beginning to read like Labor Arbitration Reports. The kinds of disputes that in the past were resolved by private arbitration are beginning to appear at an increasing rate on the dockets of the federal courts: Did the company have just cause when it discharged the grievants for allegedly falsifying their expense accounts? Did the company violate the agreement with the union when …

Power To Define The Constitutional Rights Of Defendants: Congress And The Federal Courts , Richard A. Givens

Fordham Law Review

No abstract provided.

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The most significant development in federal trial procedure in recent years has been the enactment of the Federal Rules of Evidence, effective July 1, 1975. In the intervening two years since the Rules became effective, the courts of the Second Circuit have bad occasion to make several illuminating applications of and references to them.

An examination of some of these decisions provides insight into the kinds of questions that are coming up not only in the Second Circuit, but around the country, and the kinds of answers that are being given. It is not the bizarre or unusual case that …