The scope of the Van Dusen rule in federal-question transfers

Article Abstract:

The Van Dusen rule, which holds that the law of the transferring state applies to claims that are in federal courts based on diversity jurisdiction and removed to a more convenient forum, should be extended to apply the decisional law of the transferring district court when a claim based on federal question jurisdiction is transferred. Such an extension would resolve choice of law problems created by conflicting district court interpretations of federal law. It would also prevent forum shopping and allow judges to transfer venue based on the availability of greater jurisdictional contacts alone, two policies underlying the Van Dusen rule.

Conflict of laws, Transfer of cause

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The effectiveness of an unpublished rule

Article Abstract:

An agency should be required to apply a rule, publish it, and comply with notice and comment procedures to change the rule once it has been filed with the Office of the Federal Register (OFR). Rules often remain unpublished during changes of administration and for other reasons. Courts have held that unpublished rules may be enforced as long as actual and timely notice of the rule was received. The agencies' need for flexibility can be balanced with the prevention of arbitrariness by the proposed standard regarding filing with the OFR.

Other General Government Support, Agencies-Administrative, Analysis, Administrative procedure, Notice (Law)

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Why judges, not juries, should set punitive damages

Article Abstract:

The power to award punitive damages should not reside with juries in federal civil trials but with judges. The US Supreme Court ruled in Tull v. United States that the plaintiff was not entitled to a jury-determined penalty under the 7th Amendment and other federal judges have ruled that punitive damages do not constitute a fact which can be tried by a jury. Because juries are not constitutionally empowered to set punitive damage amounts, judges should assume the power under existing law and procedure rules.

Management, Economic aspects, Exemplary damages, Powers and duties, Punitive damages, Judicial power, Jury, Juries

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