The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress\u27s intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation
This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (19...
This article addresses whether the expansion of the doctrine of issue preclusion in the federal crim...
Nearly three decades since its seminal Chevron decision, the Supreme Court has yet to articulate cle...
The Article proceeds from the premise, established in Part I, that federal courts must apply preclus...
Congress passed the Civil Rights Act of 1964 to provide a comprehensive scheme to battle discriminat...
Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant ...
The courts and the authorities have reached something of a consensus on the matter of issue preclusi...
During the 2005 survey year, federal courts in the Second Circuit decided a number of important res ...
This Note explores the issue of the applicability of the preclusion doctrines against the government...
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the...
There are two operative provisions of title VII, both of which mitigate previous judicially imposed ...
As Congress uses the commerce power to regulate areas of the economy previously controlled by the st...
The author argues in part I that the presumption should be regarded as categorically inapplicable to...
This article previews the Supreme Court case St. Mary\u27s Honor Center v. Hicks, 509 U.S. 502 (1993...
Is there or isn\u27t there a “presumption against preemption”? The Supreme Court continues to mentio...
This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (19...
This article addresses whether the expansion of the doctrine of issue preclusion in the federal crim...
Nearly three decades since its seminal Chevron decision, the Supreme Court has yet to articulate cle...
The Article proceeds from the premise, established in Part I, that federal courts must apply preclus...
Congress passed the Civil Rights Act of 1964 to provide a comprehensive scheme to battle discriminat...
Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant ...
The courts and the authorities have reached something of a consensus on the matter of issue preclusi...
During the 2005 survey year, federal courts in the Second Circuit decided a number of important res ...
This Note explores the issue of the applicability of the preclusion doctrines against the government...
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the...
There are two operative provisions of title VII, both of which mitigate previous judicially imposed ...
As Congress uses the commerce power to regulate areas of the economy previously controlled by the st...
The author argues in part I that the presumption should be regarded as categorically inapplicable to...
This article previews the Supreme Court case St. Mary\u27s Honor Center v. Hicks, 509 U.S. 502 (1993...
Is there or isn\u27t there a “presumption against preemption”? The Supreme Court continues to mentio...
This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (19...
This article addresses whether the expansion of the doctrine of issue preclusion in the federal crim...
Nearly three decades since its seminal Chevron decision, the Supreme Court has yet to articulate cle...