Jun 1, 2021 | Article, Federal, Stephen Johnson
By Stephen Johnson Abstract In 1972, a bipartisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Almost fifty years have passed since Congress enacted the law, and during that...
Jun 1, 2021 | Andrew F. Rodheim, Article, Federal, Jurisdiction, Martin H. Redish, Nicholas Roosevelt
By Martin H. Redish, Andrew F. Rodheim, Nicholas Roosevelt Abstract The study of federal jurisdiction has traditionally involved little more than a combined examination of judicial doctrine and policy. Under this approach, scholars study how the Supreme Court has...
Sep 1, 2013 | Article, Author, Federal, Rochelle C. Dreyfuss
By Rochelle C. Dreyfuss Abstract Two important lessons had been taught by the reactions to the Freund and Hruska Reports. One was that it was politically unacceptable to shut off any case in the lower federal courts from access to the Supreme Court by way of...
Sep 1, 2012 | Article, Federal
By Sandra Guerra Thompson Abstract A key function of trial courts is their gatekeeping responsibility, by which they advance the truth-seeking function of the trial process. This Article makes the rather unremarkable argument that a “reliability paradigm”...
