Suchergebnisse

There has been a long‐standing debate concerning the status of diversity jurisdiction. Its champions wish to retain the availability of choice for attorneys, while others argue that perhaps the traditional justification is no longer valid and therefore the need for diversity jurisdiction is reduced. This research attempts to determine whether the traditional justification for diversity jurisdiction is still valid, and whether other factors motivate attorneys' choice of forum. An experimental design was employed to ascertain which of several factors including local bias, delay, availability of modem rules of procedure, and quality of state judges had an effect on an attorney's choice of forum in diversity cases.

Purcell explores the dynamic relationship between legal and social change through the prism of litigation practice and tactics. He examines changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. In this volume, Purcell refines the progressive claim that the federal courts favoured business enterprises during this time, and identifies specific ways and particular time periods in which the federal courts both advantaged and disadvantaged national corporations. He also identifies 1892-1908 as a critical period in the evolution of the 20th century federal judicial system.

Seems hard to justify, especially since corporations are treated quite differently; but there it is.