Topic
Federal Common Law
Posts
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ArticleVol. 88 · Iss. 5
Jurisdiction by Cross-Reference
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to…
Lumen N. Mulligan -
ArticleVol. 88 · Iss. 5
A Realist Defense of the Alien Tort Statute
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits…
Robert Knowles -
ArticleVol. 96 · Iss. 3
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to…
Mark P. Nevitt & Robert V. Percival -
CommentaryVol. 90 · Iss. 3
Managerial Judging and Substantive Law
In this Article, I examine the interface between substantive law and managerial judging. My aim is not to criticize the dominant strain of current…
Tobias Barrington Wolff -
ArticleVol. 89 · Iss. 1
In Defense of the Substance-Procedure Dichotomy
John Hart famously observed, “We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure,” but for…
Jennifer S. Hendricks