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Study of the Division of Jurisdiction Between State and Federal Courts records

Notifications

Held at: University of Pennsylvania: Biddle Law Library [Contact Us]3460 Chestnut Street, Biddle Law Library, Philadelphia, PA 19104-3406

This is a finding aid. It is a description of archival material held at the University of Pennsylvania: Biddle Law Library. Unless otherwise noted, the materials described below are physically available in their reading room, and not digitally available through the web.

Overview and metadata sections

Call Number:
ALI.04.007
Repository:
University of Pennsylvania: Biddle Law Library
Extent:
1.5 cubic feet
Language:
English
Preferred Citation:
[Identification of item], in the Study of the Division of Jurisdiction Between State and Federal Courts Records, American Law Institute Archives, ALI.04.007, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
Date:
1959-1969 (inclusive)
Creator:
American Law Institute
Abstract:
At the May 1959 Annual Meeting of the American Law Institute (ALI), Supreme Court Chief Justice Earl Warren encouraged the ALI to undertake a study to define the jurisdictions of state and federal courts. Following a feasibility study by Professor Charles Bunn, the ALI assembled a group of its members to create the Study of the Division of Jurisdiction Between State and Federal Courts, promulgated in 1968. The resulting study formed the basis of Title 28 in the United States Code. The collection, 1959-1969, includes a preliminary study, drafts, memoranda, correspondence, and related records concerning the drafting and adoption of the Study of the Division of Jurisdiction Between State and Federal Courts.

At the May 1959 Annual Meeting of the American Law Institute (ALI), Supreme Court Chief Justice Earl Warren encouraged the ALI to undertake a study to define the jurisdictions of state and federal courts. Following a feasibility study by Professor Charles Bunn, the ALI assembled a group of its members to create the Study of the Division of Jurisdiction Between State and Federal Courts, promulgated in 1968. Richard Field, Paul J. Mishkin, and Charles Alan Wright served as reporters on the project. The resulting study formed the basis of Title 28 in the

United States Code.

The Study of the Division of Jurisdiction Between State and Federal Courts Records, 1959-1969, include a preliminary study, drafts, memoranda, correspondence, and related records concerning the drafting and adoption of the Study of the Division of Jurisdiction Between State and Federal Courts, promulgated in 1968.

The preliminary study series includes a copy of a speech delivered by Supreme Court Justice Earl Warren to the American Law Institute, in which Warren calls for the ALI to study the jurisdictions between state and federal courts, and the preliminary study by Charles Bunn that resulted from Warren's address.

Throughout this collection, reasearchers should note the following abbreviations when examining the collection: "PD" stands for Preliminary Draft "TD" stands for Tentative Draft "CD" stands for Council Draft

First shipment received from the American Law Institute in 1995.

An item-level container list is available offline in spreadsheet form.

Preliminary container list prepared by Melissa Backes, 1995-2005.

Reprocessed by Chris Defeliciantonio, September 2007.

Encoded by Jordon Steele, May 2008.

Subject

Publisher
University of Pennsylvania: Biddle Law Library
Finding Aid Author
Jordon Steele
Finding Aid Date
2008
Access Restrictions

None.

Use Restrictions

The archives reserves the right to restrict access to material of sensitive nature. Please contact the department for further information.

Collection Inventory

1959 Address delivered by Earl Warren, chief justice of the U.S., at the annual meeting, 1959 May 20.
Box 1 Box Folder 1
1959 Recommendations as to scope, 1959 September 24.
Box 1 Box Folder 2

1961 Preliminary Draft no. 1. Preliminary memorandum on general diversity of citizenship jurisdiction, provisions for multi-party multi-state jurisdiction, indispensable parties in different states., 1961 December 20.
Box 1 Box Folder 3
1962 PD no. 2. General diversity: jurisdiction, venue, process, provisions for multi-part multi-state jurisdiction., 1962 October 18.
Box 1 Box Folder 4
Supplement to PD no. 2. Memorandum: change in choice-of-law thinking and its bearing on the Klaxon problem, by David F. Cavers, consultant to the reporters., 1962 October 22.
Box 1 Box Folder 5
1963 PD no. 3. General diversity: jurisdiction, venue, process, provisions for multi-party multi-state jurisdiction., 1963 February 20.
Box 1 Box Folder 6
1964 PD no. 4. General diversity: jurisdiction, venue, process, raising, appeal, and foreclosure of jurisdictional issues., 1964 February 6.
Box 1 Box Folder 7
1964 PD no. 5. Federal question jurisdiction: summary of proposals., 1964 February 7.
Box 1 Box Folder 8
1964 PD no. 6. Federal question jurisdiction., 1964 December 30.
Box 1 Box Folder 9
1965 PD no. 7. Revisions in Tentative Draft no. 2., 1965 January 12.
Box 1 Box Folder 10
1966 PD no. 8. Revisions in TD no. 3, § 1372-1373, § 1374-1376, procedure for removal, raising and foreclosure of jurisdictional issues., 1966 January 11.
Box 1 Box Folder 11
1961-1964 PDs nos. 1-4., 1961-1964.
1964-1966 PDs nos. 5-8., 1964-1966.
1966 PD no. 9. Part 1-revisions in TD no. 4, part 2-U.S. as a party, miscellaneous statutory changes., 1966 December 30.
Box 1 Box Folder 12
1962 Council Draft no. 1. Memorandum on diversity of citizenship jurisdiction., 1962 March 3.
Box 1 Box Folder 13
1963 CD no. 2. General diversity: jurisdiction, venue, process, provisions for multi-party, multi-state jurisdiction., 1963 February 20.
Box 1 Box Folder 14
1963 CD no. 2, revised., 1963 March 8.
Box 1 Box Folder 15
1964 CD no. 3. General diversity: jurisdiction, venue, process; raising, appeal, and foreclosure of jurisdictional issues., 1964 February 6.
Box 1 Box Folder 16
1965 CD no. 4. Federal question jurisdiction., 1965 February 23.
Box 1 Box Folder 17
1965 CD no. 5. Revisions in TD no. 2., 1965 February 26.
Box 1 Box Folder 18
1966 CD no. 6. Part 1-revisions in TD no. 3, part 2-§ 1372-3, § 1274-6, procedure for removal, raising and foreclosure of jurisdictional issues., 1966 February 28.
Box 1 Box Folder 19
1967 CD no. 7. Part 1-revisions in TD no. 4, part 2-U.S. as a party, miscellaneous statutory changes., 1967 February 17.
Box 1 Box Folder 20
1968 CD no. 8. Part 1-revisions in TD no. 5, part 2-new material., 1968.
Box 1 Box Folder 21
1962-1964 CDs nos. 1-3., 1962-1964.
1965-1967 CDs nos. 4-7., 1965-1967.
1964 TD no. 2. General diversity: jurisdiction, venue, process; raising and foreclosure of jurisdictional issues; multi-party multi-state diversity: jurisdiction, venue, process., 1964 April 30.
Box 1 Box Folder 22
1965 TD no. 3. General federal question jurisdiction; provisions common to diversity and federal question., 1965 April 15.
Box 1 Box Folder 23
1966 TD no. 4. General federal question jurisdiction; stays in certain cases: three-judge courts; procedure for removal; raising and foreclosure of jurisdictional issues., 1966 April 25.
Box 1 Box Folder 24
1967 TD no. 5. General federal question jurisdiction; U.S. as a party; stays in certain cases: three-judge courts; procedure for removal; raising and foreclosure of jurisdictional issues; miscellaneous statutory changes., 1967 May 2.
Box 2 Box Folder 1
1968 TD no. 6. General federal question jurisdiction, U.S. as a party; exclusions from federal jurisdiction; stays in certain cases: three court judges; procedure for removal; raising and foreclosure of jurisdictional issues; miscellaneous statutory changes., 1968 April 30.
Box 2 Box Folder 2
1965 TD no. 6. General federal question jurisdiction, U.S. as a party; exclusions from federal jurisdiction; stays in certain cases: three court judges; procedure for removal; raising and foreclosure of jurisdictional issues; miscellaneous statutory changes., 1968 April 30.
Box 2 Box Folder 3

Memorandum on proposed § 1330 (3). Submitted by Judge Henry J. Friendly, Chief Justice Roger Traynor, and Judge Edward T. Gignoux.
Box 2 Box Folder 4
General diversity: jurisdiction, venue, process. Add new sections 1301-1305 to title 28 of the U.S. code.
Box 2 Box Folder 5
1962 Memorandum to the advisory committee., 1962 March 26.
Box 2 Box Folder 6
1962 Analysis of factors that influence choice of forum in diversity cases. By Marvin R. Summers., 1962.
Box 2 Box Folder 7
1963 Memorandum on change in choice-of-law thinking and its bearing on the Klaxon problem. By David F. Cavers, consultant to the reporters on choice-of-law problems., 1963.
Box 2 Box Folder 8

1964 Advisery committee meeting, 1964 February 21-22.
Box 2 Box Folder 9

1959-1962 General, 1959-1962.
Box 2 Box Folder 10
1959 Fundraising-Walter E. Meyer research institute of law. Grant application for preliminary study/survey., 1959.
Box 2 Box Folder 11
1960 Fundraising-Ford foundation. Grant for five year study., 1960.
Box 2 Box Folder 12

1965 An analysis of the ALI's proposals on the division of jurisdiction between state and federal courts. Charles Alan Wright, Richard H. Field, and John P. Frank. Reprinted from South Carolina Law Review, vol. 17, no. 5., 1965.
Box 2 Box Folder 13
1969 Student edition, 1969.
Box 2 Box Folder 14

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