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Full-Text Articles in Law
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Pepperdine Law Review
No abstract provided.
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey
Faculty Scholarship
Jonathan Remy Nash's article, On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction, bravely tackles and creatively merges-the dual debates over rules versus standards and the ideal contours of federal jurisdiction.' He proposes a revised regime in which rules define jurisdictional boundaries at the front end, while standards "migrate" into a discretionary abstention phase at the back end.2 This realignment, Nash argues, optimizes efficiency and predictability by placing a bright-line rule at the jurisdictional threshold, while promoting federalism by establishing a safety net that applies standards to claims that cross the threshold. 3 In this …
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey
Scott Dodson