Our Federalism in the Context of Federal Courts and Tribal Courts: An Open Letter to the Federal Courts' Teaching and Scholarly Community
F Pommersheim - U. Colo. L. Rev., 2000 - HeinOnline
In fashioning the doctrines determining federal court jurisdiction, the Supreme Court
repeatedly has focused on two major policy considerations. First, what is the proper role of …
repeatedly has focused on two major policy considerations. First, what is the proper role of …
Judicial Federalism in Action: Coordination of Litigation in State and Federal Courts
WW Schwarzer, NE Weiss, A Hirsch - Va. L. Rev., 1992 - HeinOnline
JUDICIAL FEDERALISM IN ACTION: COORDINATION OF LITIGATION IN STATE AND
FEDERAL COURTS Page 1 JUDICIAL FEDERALISM IN ACTION: COORDINATION OF …
FEDERAL COURTS Page 1 JUDICIAL FEDERALISM IN ACTION: COORDINATION OF …
The Federal Courts and the American Law Institute Part II
DP Currie - U. Chi. L. Rev., 1968 - HeinOnline
I have less to say about federal-question jurisdiction, because the ALI has done much better
with this subject than with diversity. The jurisdiction itself, unlike diversity, is not very …
with this subject than with diversity. The jurisdiction itself, unlike diversity, is not very …
New Federalism: Judicial Legislation by the Texas Court of Criminal Appeals
CC Herasimchuk - Tex. L. Rev., 1989 - HeinOnline
The genesis of this Paper is the trend of some state courts, including Texas's Court of
Criminal Appeals, to reverse criminal convictions by invoking the doctrine of new federalism …
Criminal Appeals, to reverse criminal convictions by invoking the doctrine of new federalism …
Prosecuting Federal Crimes in State Courts
MG Collins, JR Nash - Va. L. Rev., 2011 - HeinOnline
D ESPITE the ancient maxim that the courts of one sovereign will not" execute the penal
laws of another,"'they sometimes do. For example, federal courts can hear state-law criminal …
laws of another,"'they sometimes do. For example, federal courts can hear state-law criminal …
Variable Justiciability and the Duke Power Case
JD Varat - Tex. L. Rev., 1979 - HeinOnline
The Supreme Court insists that it decides the question of justiciability-whether a federal court
will decide the merits of a dispute within its statutory jurisdiction-without considering how it …
will decide the merits of a dispute within its statutory jurisdiction-without considering how it …
Source of Law In Civil Rights Actions: Some Old Light on Section 1988
SF Kreimer - U. Pa. L. Rev., 1984 - HeinOnline
The common lawyer's hallmark is a passion for analogies. Confronted with a new question,
she naturally responds by searching for the way that similar questions have been answered …
she naturally responds by searching for the way that similar questions have been answered …
Before Lochner--Diversity Jurisdiction and the Development of General Constitutional Law
MG Collins - Tul. L. Rev., 1999 - HeinOnline
The impact of Swift v. Tyson'on the federal courts' development of nonfederal general
common law in private-law litigation is a familiar story. Under its influence, federal courts …
common law in private-law litigation is a familiar story. Under its influence, federal courts …
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 …
issues than identically worded state statutes would be understood to cover. There are many …
Federal-State Conflict of Laws: Actual Conflicts
L Weinberg - Tex. L. Rev., 1991 - HeinOnline
My subject here is the clash, in all courts, between national and local substantive policies.
Federal-state conflicts present federal questions, of course, and the Supreme Court is …
Federal-state conflicts present federal questions, of course, and the Supreme Court is …