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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
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
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.
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
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
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.
Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams
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.
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.
Piper Aircraft V. Reyno, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Maryland V. Louisiana, Lewis F. Powell Jr.
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
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
Villanova Law Review (1956 - )
No abstract provided.
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Carlson V. Green, Lewis F. Powell Jr.
United States Parole Commission V. Geraghty, Lewis F. Powell Jr.
United States Parole Commission V. Geraghty, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Attorneys' Fees, Various Editors
Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine
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
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.
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.
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.
Wilson V. Omaha Indian Tribe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Addington V. Texas, Lewis F. Powell Jr.
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.
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
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
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
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.
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
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
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
Federal Practice And Procedure, Martin J. Kane
Villanova Law Review (1956 - )
No abstract provided.