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Article: Congress, the federal courts, and forum non conveniens: friction on the frontier of the inherent power.
- Article from:
- Iowa Law Review
- Article date:
- May 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. FORUM NON CONVENIENS IN THE FEDERAL COURTS
II. THE UNCERTAIN BOUNDARIES OF THE SUPREME COURT'S INHERENT
POWER
III. FRICTION ON THE INHERENT POWER FRONTIER WITH CONGRESS
A. VENUE AND TRANSFER
1. The Relevance of 28 U.S.C. [section] 1404
2. The Impact of the 1988 and 1990 Revisions
B. JURISDICTION TO PRESCRIBE
C. THE RULES ENABLING ACT AND THE RULES OF DECISION ACT
1. The Rules Enabling Act
2. The Rules of Decision Act
a. The Erie Question in the Federal Courts of Appeals
b. Switching Erie "Tracks"
IV. CONCLUSION
For many years the federal judiciary has treated forum non ...