5. On what basis did Justice Harlan concur? What does he mean by primary decisions of conduct?...

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5. On what basis did Justice Harlan concur? What does he mean by “primary” decisions of conduct? Are you convinced that these activities are left by “our constitutional system * *

* to state regulation”? Do you share his concern that under the majority opinion in Hanna any “arguably procedural” rule would apply “no matter how seriously it frustrated a State’s substantive regulation of the primary conduct and affairs of its citizens”? How does Justice Harlan identify and measure state interests for purposes of 28 U.S.C. § 2072?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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