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Reincarnation of State Courts

Reincarnation of State Courts

... Reincarnation of State Courts SMU Law Review Volume 36 | Issue 4 Article 1 1982 Reincarnation of State Courts Shirley S Abrahamson Follow this and additional works at https //scholar smu edu/smulr Thi[.] ...

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Freeing State Courts to Disregard Lower Federal Court Constitutional Holdings

Freeing State Courts to Disregard Lower Federal Court Constitutional Holdings

... Freeing State Courts to Disregard Lower Federal Court Constitutional Holdings SMU Law Review Volume 25 | Issue 3 Article 7 1971 Freeing State Courts to Disregard Lower Federal Court Constitutional Hol[.] ...

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Broke but not Bankrupt: Consumer Debt Collection in State Courts

Broke but not Bankrupt: Consumer Debt Collection in State Courts

... for State Courts to demonstrate that (i) the civil filing rate varies dramatically by state and (ii) the civil filing rate has grown much more slowly than the non-business bankruptcy filing ...

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The Vienna Convention on Consular Relations: After the Federal Courts’ Abdication, Will State Courts Fill in the Breach?

The Vienna Convention on Consular Relations: After the Federal Courts’ Abdication, Will State Courts Fill in the Breach?

... in state court proceedings before seeking federal habeas ...in state courts, even where the claim was properly developed in state court ...their state convictions on VCCR ...

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United States v. McOmber: A Challenge to State Courts on Counselless Waivers

United States v. McOmber: A Challenge to State Courts on Counselless Waivers

... If other state courts are unwilling to follow the example of New York in excluding any counselless waiver, they should adopt the rule of McOmber requir- ing notificati[r] ...

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Competing Agendas and the Business of the American State Supreme Courts

Competing Agendas and the Business of the American State Supreme Courts

... of State Supreme Courts” and treat these bodies like busi- ness decision-making units that produce outputs (cases) with ...of state supreme courts, however, does provide a means to better ...

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Wiretapping  The Right of Privacy versus the Public Interest

Wiretapping The Right of Privacy versus the Public Interest

... 37 prohibits wire tapped evidence in state courts in the same manner in which it is forbidden in federal courts.88 Failure to so construe the section would practically nullify- its prote[r] ...

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2018 James R. Browning Distinguished Lecture in Law

2018 James R. Browning Distinguished Lecture in Law

... a state court judge acting like a territorial judge, taking his or her march- ing orders from Washington, ...a state court judge assume that what is good for the federal Constitu- tion must be good for the ...

13

Courting Foreigners under Section 43(a) of the Lanham Act

Courting Foreigners under Section 43(a) of the Lanham Act

... In contrast to this seemingly boundless authority of the state courts to entertain legal actions,' 6 the federal courts are of limited subject matter jurisdiction and [r] ...

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Improving Green Building: Comparing Leed Certification To The FDA And Its Private, Third Party Rating Approach

Improving Green Building: Comparing Leed Certification To The FDA And Its Private, Third Party Rating Approach

... Courts at the state level generally find delegation to private actors to be even more troublesome than courts at the federal level. 74 State courts regularly refe[r] ...

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Beyond Blakely and Booker: Pondering Modern Sentencing Process

Beyond Blakely and Booker: Pondering Modern Sentencing Process

... State courts and lower federal courts, citing McMillan and Williams as controlling authority, regularly upheld against a range of constitutional challenges various structured sentencing [r] ...

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Courts, Tribunals, and Legal Unification - The Agency Problem

Courts, Tribunals, and Legal Unification - The Agency Problem

... The available choices include domestic courts (which in the United States entails a further choice between federal and state courts), private arbitration, ad hoc arbitration[r] ...

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Competing Interests in State Supreme Courts: Justices' Votes and Voting Rights

Competing Interests in State Supreme Courts: Justices' Votes and Voting Rights

... of state courts, even appellate courts, is significantly younger than those of the Supreme Court, but the literature on the policymaking role of state supreme courts 2 and the ...

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Rules of Court

Rules of Court

... inents, the procedure of colonial courts, now become state courts, naturally remained largely in that same stage, even though such control by the legislative branch[r] ...

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Access to Government-Held Information in the Computer Age: Applying Legal Doctrine to Emerging Technology

Access to Government-Held Information in the Computer Age: Applying Legal Doctrine to Emerging Technology

... Many state courts, mirroring the federal courts, do not require agencies to create new records to satisfy requests for copies of public records. Several state court[r] ...

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Federal Rules of Evidence 413 415 and the Struggle for Rulemaking Preeminence

Federal Rules of Evidence 413 415 and the Struggle for Rulemaking Preeminence

... 1174 1926 approving state statutes authorizing state courts to promulgate rules of "practice and procedure" and noting that those state courts "have never assumed to make rules relating [r] ...

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State Trial Courts: An Odyssey into Faltering Bureaucracies

State Trial Courts: An Odyssey into Faltering Bureaucracies

... The functions performed by such officers help to pro- vide the information necessary for the unified direction of the en- tire state judicial bureaucracy by the s[r] ...

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Sword or Shield? Setting Limits on SLUSA’s Ever-Growing Reach

Sword or Shield? Setting Limits on SLUSA’s Ever-Growing Reach

... of state law is preempted by federal law, courts will employ the artful pleading doctrine to ensure that the plaintiff cannot skirt removal by strategically avoiding any mention of federal questions in her ...

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Shareholder Wealth Maximization and Its Implementation Under Corporate Law

Shareholder Wealth Maximization and Its Implementation Under Corporate Law

... For example, what if craigslist had a corporate culture that would pass muster under former Chancellor Allen’s skeptical eye? Such a review puts the corporate policy at risk not only from a hostile takeover if a board ...

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Building a Bench: A Close Look at State Appellate Courts Constructed by the Respective Methods of Judicial Selection

Building a Bench: A Close Look at State Appellate Courts Constructed by the Respective Methods of Judicial Selection

... 58. E STERLING & A NDERSEN , supra note 34, at 11–12. For example, the Arizona constitution provides that nominating commissions “shall consider the diversity of the state’s population, however the primary ...

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