Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (64)
- Courts (48)
- State and Local Government Law (31)
- Supreme Court of the United States (25)
- Litigation (19)
-
- Judges (17)
- Law and Society (17)
- Jurisprudence (16)
- Law and Politics (16)
- Legislation (15)
- Civil Procedure (14)
- Legal History (12)
- Administrative Law (11)
- Environmental Law (11)
- Social and Behavioral Sciences (10)
- Torts (10)
- Conflict of Laws (9)
- President/Executive Department (9)
- Criminal Law (8)
- Criminal Procedure (8)
- Energy and Utilities Law (8)
- Fourteenth Amendment (8)
- Land Use Law (8)
- Legal Education (8)
- Legal Ethics and Professional Responsibility (8)
- Natural Resources Law (8)
- Public Affairs, Public Policy and Public Administration (8)
- Public Law and Legal Theory (8)
- Institution
-
- University of Michigan Law School (23)
- William & Mary Law School (18)
- University of Colorado Law School (11)
- Yeshiva University, Cardozo School of Law (9)
- American University Washington College of Law (6)
-
- Pepperdine University (6)
- Northwestern Pritzker School of Law (4)
- Seattle University School of Law (4)
- Penn State Dickinson Law (3)
- Washington and Lee University School of Law (3)
- Liberty University (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- Texas A&M University School of Law (2)
- University of Georgia School of Law (2)
- BLR (1)
- Boston University School of Law (1)
- Brigham Young University (1)
- Claremont Colleges (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Duquesne University (1)
- Emory University School of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Saint Joseph University of Beirut (1)
- Schulich School of Law, Dalhousie University (1)
- University of Miami Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (18)
- Articles (10)
- William & Mary Law Review (9)
- Faculty Publications (6)
- Faculty Scholarship (6)
-
- Pepperdine Law Review (6)
- Publications (6)
- Northwestern University Law Review (4)
- Scholarly Articles in Law Reviews & Journals (4)
- Seattle University Law Review (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Cardozo Law Review (3)
- Dickinson Law Review (2017-Present) (3)
- Indiana Law Journal (2)
- Journal Articles (2)
- Senior Honors Theses (2)
- Washington and Lee Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Articles & Book Chapters (1)
- Barker Papers (1)
- Brigham Young University Prelaw Review (1)
- CMC Senior Theses (1)
- Cornell Law Faculty Publications (1)
- Dalhousie Law Journal (1)
- ExpressO (1)
- Faculty Articles (1)
- Georgia Journal of International & Comparative Law (1)
- LLM Theses and Essays (1)
- Legislative Testimony & Comments (1)
- Michigan Journal of Gender & Law (1)
- Publication Type
Articles 91 - 114 of 114
Full-Text Articles in Jurisdiction
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
Publications
No abstract provided.
Initiative Enigmas, Richard Collins
Federalism Myth, Fernando Laguarda
Federalism Myth, Fernando Laguarda
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: The late Justice Louis Brandeis once remarked on the benefit that our system of government derives from the states acting as the "laboratories of democracy."' This remark not only implies that states should be given the discretion to experiment, it presumes that states actually have the ability to do so. In order to understand Justice Brandeis and those who have followed in his rhetorical footprints, it is important to understand federalism, which is the organizing principle of American government.
The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder
Articles & Book Chapters
The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Revisionist Theory Of Abstention, Barry Friedman
A Revisionist Theory Of Abstention, Barry Friedman
Michigan Law Review
This article offers a straightforward model for identifying cases in which abstention threatens federal rights - and so is inappropriate and cases in which federal rights are not so threatened and state interests require abstention. Part I provides some background on the abstention doctrines, clarifying· the competing premises that must be reconciled in order to develop a coherent, unified abstention doctrine. Part II then sets out the basis for the revisionist theory and the manner in which it would operate, arguing that a federal trial forum only need be - and only should be - available where necessary to protect …
Planning As A Major Tool Of Public Land Management, John D. Leshy
Planning As A Major Tool Of Public Land Management, John D. Leshy
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
25 pages.
The State Competition Debate In Corporate Law, Roberta Romano
The State Competition Debate In Corporate Law, Roberta Romano
Cardozo Law Review
No abstract provided.
From Swift To Erie: An Historical Perspective, Gene R. Shreve
From Swift To Erie: An Historical Perspective, Gene R. Shreve
Michigan Law Review
A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer
Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine
Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine
Cardozo Law Review
No abstract provided.
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Indiana Law Journal
No abstract provided.
Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan
Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan
William & Mary Law Review
No abstract provided.
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Michigan Law Review
This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Articles
In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …
Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review
Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review
Michigan Law Review
During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …
The Operation Of Federalism In Diversity Jurisdiction: Erie's Constitutional Basis
The Operation Of Federalism In Diversity Jurisdiction: Erie's Constitutional Basis
Indiana Law Journal
No abstract provided.
Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach
Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach
Michigan Law Review
A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.
Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.
Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.
Michigan Law Review
Until a decade ago, the nation's lawyers paid little attention to the status of federal-state relations in the regulation of labor disputes. Today there hardly appears a volume of a legal journal that does not contain the product of new efforts to bring order out of the chaos that prevails in this area. A number of writers have apparently given up the task of reconciling statutory provisions with case law and case law with sound federal policy, and have resorted to the simpler, yet challenging, method of proposing amendments to existing federal statutes. Worthy as these efforts may be in …
Justice Jackson And The Judicial Function, Paul A. Weidner
Justice Jackson And The Judicial Function, Paul A. Weidner
Michigan Law Review
Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …
Constitutional Law--Separation Of Powers--Control By Judiciary Of Compensation Of Court Attaches, W. R. B. Ii.
Constitutional Law--Separation Of Powers--Control By Judiciary Of Compensation Of Court Attaches, W. R. B. Ii.
West Virginia Law Review
No abstract provided.