Federal Courts
Keeping the Covenant on the Federal Courts
... Keeping the Covenant on the Federal Courts SMU Law Review Volume 47 | Issue 5 Article 4 1994 Keeping the Covenant on the Federal Courts Carl Tobias Follow this and additional works at https //scholar[.] ...
19
Filling the Federal Courts in an Election Year
... Filling the Federal Courts in an Election Year SMU Law Review Volume 49 | Issue 2 Article 5 1996 Filling the Federal Courts in an Election Year Carl Tobias Follow this and additional works at https //[.] ...
21
Preliminary Injunction Standards in Massachusetts State and Federal Courts
... The Supreme Court reversed the ruling of the Court of Appeals. 157 First, it noted that a temporary injunction is “an extraordinary remedy never awarded as of right.” 158 Second, the Court added that a trial court should ...
55
Statutory Interpretation and the Rest of the Iceberg: Divergences Between the Lower Federal Courts and the Supreme Court
... 40. See L EE E PSTEIN , J EFFREY A. S EGAL , H AROLD J. S PAETH & T HOMAS G. W ALKER , T HE S UPREME C OURT C OMPENDIUM : D ATA , D ECISION , AND D EVELOPMENTS 252–57 tbl.3-2, 258–63 tbl.3-3, 264–65 tbl.3-4 (6th ed. ...
73
The Vienna Convention on Consular Relations: After the Federal Courts’ Abdication, Will State Courts Fill in the Breach?
... by federal law enforcement ...the federal government’s foreign relations due to state governments’ recurring failure to give effect to the rights established under the ...the federal courts’ ...
31
Applying Federal Courts Of Appeals' Precedent: Contrasting Approaches To Applying Court Of Appeals' Federal Law Holdings And Erie State Law Predictions
... of federal law, as a practical matter a circuit court’s interpretations of state law must be accorded great deference by district courts within the ...appellate courts, the interpretation of the ...
29
Are You Sufficiently Competent To Prove Your Incompetence? An Analysis Of The Paradox In The Federal Courts
... the federal courts to assume a crucial precondition not delineated in 18 ...the federal statute thereby places all defendants, whether truly incompetent or not, on uniform ...Thus, federal ...
25
The Frictionmaking, Exacerbating Political Role of Federal Courts
... The Frictionmaking, Exacerbating Political Role of Federal Courts SMU Law Review Volume 21 | Issue 2 Article 1 1967 The Frictionmaking , Exacerbating Political Role of Federal Courts John Minor Wisdom[.] ...
19
A Proposal for Descretionary Review in Federal Courts of Appeals
... A Proposal for Descretionary Review in Federal Courts of Appeals SMU Law Review Volume 34 | Issue 5 Article 4 1980 A Proposal for Descretionary Review in Federal Courts of Appeals Donald P Lay Follow[.] ...
9
Alcoholism and the ADA: Divergent Treatment by the Federal Courts
... Alcoholism and the ADA Divergent Treatment by the Federal Courts SMU Law Review Volume 54 | Issue 4 Article 13 2001 Alcoholism and the ADA Divergent Treatment by the Federal Courts Carrie A Thornton F[.] ...
33
Exclusion of Illegal State Evidence in Federal Courts, The
... Allowing state illegally seized evidence in the federal courts is as contrary to federal policy as allowing a federal officer to enter a state court with the same kind of evidence."The f[r] ...
6
Multi Party, Multi Claim Litigation in the Federal Courts: The Unifying Influence of Judicial Economy
... Multi Party, Multi Claim Litigation in the Federal Courts The Unifying Influence of Judicial Economy SMU Law Review Volume 24 | Issue 4 Article 8 1970 Multi Party, Multi Claim Litigation in the Federa[.] ...
19
The Petaluma Decision: Another Indication that Federal Courts Want to Avoid Land Use Litigation
... The Petaluma Decision Another Indication that Federal Courts Want to Avoid Land Use Litigation SMU Law Review Volume 30 | Issue 4 Article 9 1976 The Petaluma Decision Another Indication that Federal C[.] ...
10
Human Law, Higher Law, and Property Rights: Judicial Review in the Federal Courts, 1789-1835
... the courts’ opinions on constitutional issues relied on higher law principles only when the positive fundamental law of the relevant jurisdiction incorporated those ...early federal courts actually ...
41
To Erie or Not to Erie: Do Federal Courts Follow State Statutory Interpretation Methodologies?
... the federal courts’ ...how federal courts use the Michigan statutory interpretation framework for contract law, even though they mostly seem to ignore the statutory interpretation cases in ...
47
Making Forum Non Conveniens Convenient Again: Finality and Convenience for Transnational Litigation in U.S. Federal Courts
... The Note proceeds in five substantive parts. Part I outlines and provides the policy rationales for the FNC doctrine, the final judgment rule, and the collateral order exception to the final judgment rule. Part I also ...
38
Federal Procedure: Proposed Solutions to the Problem of Proliferation of Petitions for the Writ of Habeas Corpus and 28 U.S.C. 2255 Proceedings in the Federal Courts
... tion of all available state proceedings for the hearing of the federal question when petitioner brings the writ of habeas corpus) was jurisdictional and that such f[r] ...
20
"Attitudinal" Decision Making in the Federal Courts: A Study of Constitutional Self-Representation Claims
... It examines the possible attitudinal bases of the entire corpus ( over 100 cases) of federal district court decisions involving constitutional self-representation claims.[r] ...
55
Forum Non Conveniens in International Maritime Collision Litigation in the Federal Courts: A Suggested Approach
... purpose of the [Limitation of Liability Act] had been to put American shipowning inter- ests on a competitive equality with British interests. By judicial manoeuver, the[r] ...
27
Conspiracy Prosecutions in the Federal Courts
... 28 It has been held that "but slight evidence" will implicate a defendant in the conspiratorial relationship, 29 as will participation in the substantive offense or overt act, although n[r] ...
9