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Articles 61 - 69 of 69
Full-Text Articles in Civil Procedure
Freedom Of Speech And The Press
Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf
Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf
Faculty Scholarship
The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.
Power And Legal Artifice: The Federal Class Action, Bryant Garth
Power And Legal Artifice: The Federal Class Action, Bryant Garth
Articles by Maurer Faculty
Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, …
On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver
On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver
Scholarly Works
No abstract provided.
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Role Of Local Control In School Finance Reform, Richard Briffault
The Role Of Local Control In School Finance Reform, Richard Briffault
Faculty Scholarship
Local control is a puzzle, or rather, a series of related puzzles that has both structured and hindered the uncertain development of school finance reform. The first puzzle is really a paradox: courts and commentators generally assume that local control of education exists, that it is a basic organizational principle of American public elementary and secondary education, and a norm that must be taken into account when the existing school finance system is challenged. Yet for the law of local government generally, local control is the exception, not the rule. The ground rule of state-local relations is state control and …