Choice of Forum §1983 litigation
| Federal Court | State Court | |
| Jury | ||
| availability | seventh amendment and federal statutes[FN1] | state law with a possible role for federal statutes[ |
| Federal Court | State Court | |
| Jury | ||
| availability | seventh amendment and federal statutes[FN1] | state law with a possible role for federal statutes[ |
Gibbons v. Ogden (1824) p. 170
Three Issues:
Cherokee Nation v. GA
Marbury v. Madison Case Brief
Facts: heated and disputed election-Federalists were in control until now-Jefferson won; Adams signed many midnight appointments; Outgoing Federalists tried to expand circuit courts, permanent appellate court staffed w/ Federalists; stacking judiciary; made a bill for …
Wickard v. Filburn (1942) p. 175
Anticommandeering NY v. US (O’Connor + 8 [only partial concurrence fr. 3], 1992): NY & 2 counties sought declaratory judgment that waste disposal act unconst’l. Fed. low-level radioactive waste disposal act provided 3 alternatives for encouraging states to provide …
FEC v. Akins (Breyer + 5, 1998): Fed’l Election Campaign Act gave standing to any person who believed act had been violated. Ct. found voters seeking info on a particular PAC (1) w/in the zone of interests to be …
Maryland v. Wirtz (Harlan, 1968): FLSA amended to cover every employee employed in an enterprise engaged in i.c. or the production of goods for commerce. Ct. upheld the amendment on the grounds that the general regulatory statute bore a …
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