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Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Planned Parenthood: An Aborted Attempt To Waive Rule 52(A)'S Clearly Erroneous Standard Of Review In The Public Forum, Kevin Dorse
Planned Parenthood: An Aborted Attempt To Waive Rule 52(A)'S Clearly Erroneous Standard Of Review In The Public Forum, Kevin Dorse
University of Miami Law Review
No abstract provided.
Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen
Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen
University of Michigan Journal of Law Reform
This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused the courts and Congress so much difficulty. Part I reviews the legislative history of section 514(a), with emphasis on the ambivalence Congress has shown toward its 1974 draftsmanship. Part II attempts to provide a coherent description of the case law that has developed under section 514(a). Part III completes the legislative history by examining the two instances in which experience compelled Congress to revise section 514. Finally, Part IV discusses examples of problems courts have faced when crafting a federal common law of …
The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs
The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs
University of Michigan Journal of Law Reform
This Note argues that Congress should amend the APPA to require a judicial public interest determination prior to the entry of a voluntary dismissal in government-initiated civil antitrust actions. Part I of this Note briefly describes the APPA and Federal Rule of Civil Procedure 41(a)(1). Part II asserts that APPA procedures do not currently apply to voluntary dismissals under Rule 41(a)(1). Part III concludes that the purposes underlying the APPA and general policy considerations support the legislative extension of the Act to dismissals. Part IV responds to objections to this proposal. Finally, Part V presents a specific amendment to the …
A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts
A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts
Washington and Lee Law Review
No abstract provided.
Private Hospital Application Review Process: The Right To Counsel And The Scope Of Judicial Review, Patrick H. Agnew
Private Hospital Application Review Process: The Right To Counsel And The Scope Of Judicial Review, Patrick H. Agnew
Northern Illinois University Law Review
An examination of the scope of judicial review afforded physicians who are denied membership to private Illinois hospital medical staffs, and a discussion of the physician's right to be represented by legal counsel during this application review process.
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Michigan Law Review
The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …
The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod
The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod
Michigan Law Review
Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …
The Contract Clause: A Basis For Limited Judicial Review Of State Economic Regulation, Leo Clarke
The Contract Clause: A Basis For Limited Judicial Review Of State Economic Regulation, Leo Clarke
University of Miami Law Review
No abstract provided.
The Judiciary And Popular Democracy: Should Courts Review Ballot Measures Prior To Elections?, Michael J. Farrell
The Judiciary And Popular Democracy: Should Courts Review Ballot Measures Prior To Elections?, Michael J. Farrell
Fordham Law Review
No abstract provided.
National League Of Cities Again - R.I.P. Or A Ghost That Still Walks?, Bernard Schwartz
National League Of Cities Again - R.I.P. Or A Ghost That Still Walks?, Bernard Schwartz
Fordham Law Review
No abstract provided.
Judicial Review Of Labor Arbitration Awards: Refining The Standard Of Review
Judicial Review Of Labor Arbitration Awards: Refining The Standard Of Review
William Mitchell Law Review
No abstract provided.
The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers
The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers
Journal Articles
The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.
The Refugee Act Of 1980--What Burden Of Proof: Controversy Lives On After "Stevic", Jeffrey S. Bivins
The Refugee Act Of 1980--What Burden Of Proof: Controversy Lives On After "Stevic", Jeffrey S. Bivins
Vanderbilt Journal of Transnational Law
This Article explores the burden of proof debate. First, it delves into the historical developments leading up to the Refugee Act then focuses on the Refugee Act's legislative history and on case law prior to the Supreme Court's decision in Stevic. Second, the Article discusses the Stevic opinion and the interpretation of Stevic in subsequent circuit court decisions. Third, it analyzes Stevic and the subsequent cases. The Article concludes with a look at what the future holds for the Refugee Act.
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Constitutional Fact Review, Henry Paul Monaghan
Constitutional Fact Review, Henry Paul Monaghan
Faculty Scholarship
Bose Corp. v. Consumers Union of United States held that the clearly erroneous standard of Federal Rule of Civil Procedure 52(a) does not prescribe the scope of appellate review of a finding of actual malice in defamation cases governed by New York Times Co. v. Sullivan. Rather, as a matter of "federal constitutional law," appellate courts "must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity." Thus, in addition to the familiar judicial duty to "say what the law is," the first amendment imposes a special duty with respect to law application: both …
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Case Selection In The Burger Court: A Preliminary Inquiry, Arthur D. Hellman
Case Selection In The Burger Court: A Preliminary Inquiry, Arthur D. Hellman
Notre Dame Law Review
No abstract provided.
Squelching Vox Populi: Judicial Review Of The Initiative In California, Howard Eastman
Squelching Vox Populi: Judicial Review Of The Initiative In California, Howard Eastman
Santa Clara Law Review
No abstract provided.
Judicial Review Of Osha Standards: The Effect Of The Right To Pre-Enforcement Review Of Osha Standards On Subsequent Challenges, Thomas J. Ryan
Judicial Review Of Osha Standards: The Effect Of The Right To Pre-Enforcement Review Of Osha Standards On Subsequent Challenges, Thomas J. Ryan
Fordham Law Review
No abstract provided.
Book Review, Pierre Schlag
Political Question Doctrine And Allocation Of The Foreign Affairs Power, Linda Champlin, Alan Schwarz
Political Question Doctrine And Allocation Of The Foreign Affairs Power, Linda Champlin, Alan Schwarz
Hofstra Law Review
No abstract provided.
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.