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Federal Courts

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Institution
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Articles 91 - 120 of 168

Full-Text Articles in Courts

To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen Jan 1989

To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen

Scholarly Works

Federal courts of appeals often grant special deference to district court rulings on matters of state law. This practice is important. It is also ill-conceived. This Article explores this "rule of deference." Section I considers the roots and reach of the rule. Together with the Appendices to this Article, it seeks to detail for practitioners, commentators, and judges the way the rule operates in the courts. The remaining sections of this Article consider the wisdom of the rule of deference. Section II argues that the rule lacks a sound rationale and Section III urges that the rule has bad effects …


Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger Jan 1988

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …


California V. Rooney, Lewis F. Powell Jr. Oct 1986

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.


The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman Jan 1983

The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman

Cardozo Law Review

No abstract provided.


Bush V. Lucas, Lewis F. Powell Jr. Oct 1982

Bush V. Lucas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams Jan 1982

Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams

Indiana Law Journal

No abstract provided.


Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr. Oct 1981

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Piper Aircraft V. Reyno, Lewis F. Powell Jr. Sep 1981

Piper Aircraft V. Reyno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Maryland V. Louisiana, Lewis F. Powell Jr. Oct 1980

Maryland V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Applicability Of Rule 23(E) To Precertification Proceedings: The Functional Approach Applied, Kevin Silverang Jan 1980

The Applicability Of Rule 23(E) To Precertification Proceedings: The Functional Approach Applied, Kevin Silverang

Villanova Law Review (1956 - )

No abstract provided.


Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome Jan 1980

Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome

Villanova Law Review (1956 - )

No abstract provided.


Eulogy For Murray I. Gurfein, Irving R. Kaufman Jan 1980

Eulogy For Murray I. Gurfein, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Carlson V. Green, Lewis F. Powell Jr. Oct 1979

Carlson V. Green, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States Parole Commission V. Geraghty, Lewis F. Powell Jr. Oct 1979

United States Parole Commission V. Geraghty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Attorneys' Fees, Various Editors Jan 1979

Attorneys' Fees, Various Editors

Villanova Law Review (1956 - )

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 (1956 - )

No abstract provided.


Federal Practice And Procedure, Various Editors Jan 1979

Federal Practice And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr. Oct 1978

Marquette National Bank Of Minneapolis V. First Of Omaha Service Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Leroy V. Great Western United Corp., Lewis F. Powell Jr. Oct 1978

Leroy V. Great Western United Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Wilson V. Omaha Indian Tribe, Lewis F. Powell Jr. Oct 1978

Wilson V. Omaha Indian Tribe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Addington V. Texas, Lewis F. Powell Jr. Oct 1978

Addington V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Monell V. Deptartment Of Social Services Of The City Of New York, Lewis F. Powell Jr. Oct 1977

Monell V. Deptartment Of Social Services Of The City Of New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Federal Courts And Prison Reform, Patrick Baude Jul 1977

The Federal Courts And Prison Reform, Patrick Baude

Indiana Law Journal

No abstract provided.


An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol Jan 1977

An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol

Villanova Law Review (1956 - )

No abstract provided.


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser Jan 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr. Oct 1976

Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Institutional Reform In The Federal Courts, Alan Betten Oct 1976

Institutional Reform In The Federal Courts, Alan Betten

Indiana Law Journal

No abstract provided.


An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White Jan 1976

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review (1956 - )

No abstract provided.


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.