The most unique feature of the American judiciary is its dual system of trial courts, one state and one federal. This article explores the reasons traditionally given for the need for lower federal courts and whether, in practice, the federal courts are actually serving those needs. For example, it has been assumed that state courts are less hospitable to federal civil rights and consumer claims than federal courts, yet in many jurisdictions, plaintiffs’ lawyers prefer filing claims in state courts under state anti-discrimination or consumer laws rather than federal laws to prevent removal of the case to federal court. The article encourages third-year law students to take this capstone course because of its unique blend of the highly theor...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
In this article, first, I would like to inject into traditional thinking about federal common law so...
The most unique feature of the American judiciary is its dual system of trial courts, one state and ...
The traditional focus of the course on Federal Courts has been the study of highly abstract principl...
Dismayed over the increasing conservatism of the U.S. Supreme Court, state judges, lawyers, and scho...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Despite their many differences, Americans have long been bound by a shared sense of federal constitu...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Despite their many differences, Americans have long been bound by a shared sense of federal constitu...
Federal courts through their interpretation of the U.S. Constitution have had a profound effect on t...
Federal courts through their interpretation of the U.S. Constitution have had a profound effect on t...
Abstract: We know from Erie R.R. Co. v. Tompkins that unless the Constitution or a federal statute p...
Federalism is a battle often waged in the courts. State judges have a special role in this battle, b...
Most state courts cannot follow both their state constitutions and federal pleading standards. Even ...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
In this article, first, I would like to inject into traditional thinking about federal common law so...
The most unique feature of the American judiciary is its dual system of trial courts, one state and ...
The traditional focus of the course on Federal Courts has been the study of highly abstract principl...
Dismayed over the increasing conservatism of the U.S. Supreme Court, state judges, lawyers, and scho...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Despite their many differences, Americans have long been bound by a shared sense of federal constitu...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Despite their many differences, Americans have long been bound by a shared sense of federal constitu...
Federal courts through their interpretation of the U.S. Constitution have had a profound effect on t...
Federal courts through their interpretation of the U.S. Constitution have had a profound effect on t...
Abstract: We know from Erie R.R. Co. v. Tompkins that unless the Constitution or a federal statute p...
Federalism is a battle often waged in the courts. State judges have a special role in this battle, b...
Most state courts cannot follow both their state constitutions and federal pleading standards. Even ...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
Two hundred years is a long time. It is too long after formation of a court system to ask such basic...
In this article, first, I would like to inject into traditional thinking about federal common law so...