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Articles 1 - 4 of 4
Full-Text Articles in Legal Remedies
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Law And Equity In Contract Enforcement, Emily Sherwin
Law And Equity In Contract Enforcement, Emily Sherwin
Emily L Sherwin
No abstract provided.
The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab
Stewart J Schwab
It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability. Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article—which, thanks to its subtitle, we shall call The Cathedral—has had a remarkable influence on our own thinking, as we tried to show in a recent paper. This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …
How The Federal Cause Of Action Relates To Rights, Remedies, And Jurisdiction, John F. Preis
How The Federal Cause Of Action Relates To Rights, Remedies, And Jurisdiction, John F. Preis
Law Faculty Publications
Time and again, the U.S. Supreme Court has declared that the federal cause of action is "analytically distinct" from rights, remedies, and jurisdiction. Yet, just pages away in the U.S. Reports are other cases in which rights, remedies, and jurisdiction all hinge on the existence of a cause of action. What, then, is the proper relationship between these concepts?
The goal of this Article is to articulate that relationship. This Article traces the history of the cause of action from eighteenth-century England to its modem usage in the federal courts. This history demonstrates that the federal cause of action is …