State and Federal Models of the Interaction Between Statutes and Unwritten Law

C Nelson - The University of Chicago Law Review, 2013 - JSTOR
This Article argues that modern courts read individual federal statutes to encompass more
issues than identically worded state statutes would be understood to cover. There are many …

Federal Questions, State Courts, and the Lockstep Doctrine

MJ Hale - Case W. Res. L. Rev., 2006 - HeinOnline
State courts have adopted the doctrine that if presented with a federal question, they are not
bound by the decisions of any federal court interpreting that law except the United States …

State Statutory Interpretation and Horizontal Choice of Law

ZB Pohlman - U. Kan. L. Rev., 2021 - HeinOnline
Consider this situation. A brings suit in State X based on a statute promulgated in State Y.
State X is a textualist court that doesn't believe in legislative history. State Y looks to …

Federal Judgments Law: Sources of Authority and Sources of Rules

SB Burbank - Tex. L. Rev., 1991 - HeinOnline
Problems in the allocation of lawmaking power between the federal government and the
states do not-and I am inclined to think that they should not-loom large in the traditional …

Territoriality and the Perils of Formalism

MP Gergen - Michigan Law Review, 1988 - JSTOR
Recently in this journal1 Donald Regan published a pair of essay on CTS Corp. v. Dynamics
Corp. of America. 2 Much of the first essay elaborates his theory that what the Supreme …

Choice of Law and the Forgiving Constitution

GR Shreve - Ind. LJ, 1995 - HeinOnline
This Article confronts a paradox. Choice of law'seems to have everything yet almost nothing
to do with the United States Constitution. The Full Faith and Credit, Due Process, Equal …

Hybrid State Law in the Federal Courts

RJ Greene - Harvard Law Review, 1969 - JSTOR
A hybrid of state and federal law is created whenever federal rights, obligations, or
standards are voluntarily incorporated into the body of state public or private law. Mr. Greene …

Making State Law in Federal Court

BC Glassman - Gonz. L. Rev., 2005 - HeinOnline
Disputes litigated in federal court frequently must be decided at least in part according to
state law. But the precise content of the state law at issue is not always clear. Sometimes …

Federal Courts Not Federal Tribunals

LN Mulligan - Nw. UL Rev., 2010 - HeinOnline
Justice Scalia wrote for the Court in Alexander v. Sandoval," may be a proper function for
common-law courts, but not for federal tribunals."'In contrasting the term" tribunal" with" …

Draining the Dismal Swamp: The Case for Federal Choice of Law Statutes

MH Gottesman - Geo. Lj, 1991 - HeinOnline
The realm of the conflict of laws is a dismal swamp, filled with quaking quagmires, and
inhabited by learned but eccentric professors who theorize about mysterious matters in a …