Federal Courts

Restoring Federal Takings Claims

Shelley Ross Saxer

Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. As Professors Sterk and Pollack noted, “many have cheered” the United States Supreme Court’s holding in Knick v. Township of Scott that overruled the second prong of Williamson County’s ripeness test. Litigants challenging state or local […]

The Normality of Knick: A Response to Sterk and Pollack

Ilya Somin

Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. The Supreme Court’s decision in Knick v. Township of Scott, has been criticized for supposedly wreaking havoc on the normal system for adjudicating takings claims, and for seriously violating norms of stare decisis. Stewart Sterk and Michael […]

The Enforcement Act of 1870, Federal Jurisdiction Over Election Contests, And The Political Question Doctrine

Michael T. Morley

Abstract A lingering provision of a major Reconstruction Era law, theEnforcement Act of 1870, 28 U.S.C. § 1344, grants federal courtsjurisdiction over election contests arising from alleged FifteenthAmendment violations, except for the positions of presidential elector,member of Congress, and state legislator. Some courts have erroneouslyconstrued this provision as categorically denying the federal judiciarysubject-matter jurisdiction over […]

The Territorial Reach of Federal Courts

A. Benjamin Spencer

Abstract Federal courts exercise the sovereign authority of the United States when they assert personal jurisdiction over a defendant. As components of the national sovereign, federal courts’ maximum territorial reach is determined by the Fifth Amendment’s Due Process Clause, which permits jurisdiction over persons with sufficient minimum contacts with the United States and over property […]

No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22

Lisa V. Martin

Abstract In the midst of the push for universal access to counsel in civil cases and the increasing proportion of litigants who represent themselves, a critical barrier to access to justice for children has been overlooked. Federal courts have created a catch-22 for child litigants. Children cannot bring claims themselves, so parents must bring the […]

A “Procedural Nightmare”: Dueling Courts and the Application of the First-Filed Rule

Written by: Andrew J. Fuller

Abstract Pretend that Party A sues Party B in Court 1. Instead of countersuing, however, B then sues A in Court 2. The problem this Note examines is whether Court 1 may enjoin B from continuing to litigate in Court 2 if Court 2 has already declined to stay the case or transfer it to […]