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University of Pennsylvania Law Review articles from June 1997
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University of Pennsylvania Law Review archives from June 1997
Making constitutional doctrine in a realist age.
June 1, 1997... How is constitutional doctrine made? Why do some words emerge as constitutional necessities while others fade from memory? Even if we assume that all doctrine is and will continue to be formal, why do courts choose the formalisms that they do?...
Ascertaining the laws of the several states: positivism and judicial federalism after Erie.
June 1, 1997... TABLE OF CONTENTS
INTRODUCTION
I. ERIE, AMBIGUITY, AND INDEPENDENT JUDGMENT
A. Identifying Indeterminacy in State Law
B. judicial Federalism and Independent Judgment
1. Erie and the Constitutional Structure
...
REITs and UPREITs: pushing the corporate law envelope.
June 1, 1997... INTRODUCTION
The boom-and-bust real estate market has been a gold mine at times and a minefield at others. The specter of the 1980s, when cavalier lending fueled wild speculation on dubious real estate ventures, still lingers in many...
The meaning of "general laws": the extent of Congress's power under the Full Faith and Credit Clause and the constitutionality of the Defense of Marriage Act.
June 1, 1997... INTRODUCTION
On September 21, 1996, President Clinton signed the Defense of Marriage Act ("DOMA" or "Act") into law.(1) The Act is a direct response to a recent decision by the Supreme Court of Hawaii, Baehr v. Lewin,(2) that...