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Full-Text Articles in Law

Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan Jan 2015

Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan

Doris DelTosto Brogan

Abstract: In 2009, the Court of Appeals for the Third Circuit decided Berrier v. Simplicity, a tragic, but otherwise modest personal injury diversity case that was brought under Pennsylvania products liability law. The Third Circuit predicted that Pennsylvania would adopt the Restatement (Third) of Torts, and abandon what everyone (including several members of the Pennsylvania Supreme Court) considered an incomprehensible products liability jurisprudence that had evolved under Pennsylvania’s interpretation of the Restatement (Second). But for five years the Pennsylvania Supreme Court did not adopt the Restatement (Third), despite several opportunities to do so. Yet during those years, the Third Circuit …


Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether Oct 2009

Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether

Working Paper Series

Constitutional Solipsism is the fourth in a series of articles on aspects of the private judging practices which have come to characterize the U.S. state and federal courts since the late 1950s. The first, Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts, 56 STAN. L. REV. 1435 (2004) gave a critical historical account of the development of the “practices of private judging” in U.S. Courts. Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, 62 WASH. & LEE L. REV. 1553 (2005), analyzed the development of a distinctive U.S. theory of precedent. Sorcerers, …


Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard May 2008

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Working Paper Series

This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …


Presidential Authority And The War On Terror, Joseph W. Dellapenna Feb 2008

Presidential Authority And The War On Terror, Joseph W. Dellapenna

Working Paper Series

Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …


The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein Jan 1980

The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein

Villanova Law Review

No abstract provided.


Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine Jan 1979

Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine

Villanova Law Review

No abstract provided.


Attorneys' Fees, Various Editors Jan 1979

Attorneys' Fees, Various Editors

Villanova Law Review

No abstract provided.


A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter Jan 1978

A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter

Villanova Law Review

No abstract provided.


The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner Jan 1977

The Pennsylvania Project - The Pennsylvania Supreme Court: Perspectives From Within, Debra J. Poul, Wendy L. Wallner

Villanova Law Review

No abstract provided.


Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen Jan 1977

Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen

Villanova Law Review

No abstract provided.


Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak Jan 1976

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis Jan 1974

Another Look At Press Coverage Of The Supreme Court, Everette E. Dennis

Villanova Law Review

No abstract provided.


Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon Jan 1974

Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon

Villanova Law Review

No abstract provided.


Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin Jan 1974

Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin

Villanova Law Review

No abstract provided.


Injunctions - Section One Of The Civil Rights Act Of 1871 Is An Expressly Authorized Exception To The Federal Anti-Injunction Statute, Kenneth I. Levin Jan 1973

Injunctions - Section One Of The Civil Rights Act Of 1871 Is An Expressly Authorized Exception To The Federal Anti-Injunction Statute, Kenneth I. Levin

Villanova Law Review

No abstract provided.


Our Options Are Limited, Warren E. Burger Jan 1972

Our Options Are Limited, Warren E. Burger

Villanova Law Review

No abstract provided.


The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane Jan 1970

The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane

Villanova Law Review

No abstract provided.


Manufacturing Diversity Jurisdiction, Gilbert Newman Jan 1969

Manufacturing Diversity Jurisdiction, Gilbert Newman

Villanova Law Review

No abstract provided.


Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh Jan 1968

Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh

Villanova Law Review

No abstract provided.


The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft Jan 1968

The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft

Villanova Law Review

No abstract provided.


A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr. Jan 1967

A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


The Accelerated Civil Jury Trial Program In The District Court For The Eastern District Of Pennsylvania, C. William Kraft Iii Jan 1967

The Accelerated Civil Jury Trial Program In The District Court For The Eastern District Of Pennsylvania, C. William Kraft Iii

Villanova Law Review

No abstract provided.


United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco Jan 1967

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review

No abstract provided.


Present Frontiers In Constitutional Law, William T. Coleman Jr. Jan 1967

Present Frontiers In Constitutional Law, William T. Coleman Jr.

Villanova Law Review

No abstract provided.


Judicial Decision Making And Computers, Allen Harris Jan 1967

Judicial Decision Making And Computers, Allen Harris

Villanova Law Review

No abstract provided.


Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler Jan 1967

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review

No abstract provided.


The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer Jan 1967

The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer

Villanova Law Review

No abstract provided.


Advisory Opinions As A Problem Solving Process, David Lenefsky Jan 1966

Advisory Opinions As A Problem Solving Process, David Lenefsky

Villanova Law Review

No abstract provided.