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Articles 1 - 30 of 113
Full-Text Articles in Law
Read My Lips: Examining The Legal Implications Of Knowingly False Campaign Promises, Stephen D. Sencer
Read My Lips: Examining The Legal Implications Of Knowingly False Campaign Promises, Stephen D. Sencer
Michigan Law Review
This Note does not argue that campaign speech should always be held to the same standards of accuracy to which other forms of speech are held. Campaign speech is unique in form, with its own idioms and rhetorical devices, and serves unique purposes.
Part I discusses the ways false campaign promises damage the political process and suggests that attaching legal liability to knowingly false campaign promises could serve important public policy interests. Part II applies common law contract doctrine to a hypothetical broken campaign promise, finding all the elements of a breach of contract claim. Part II concludes, however, that …
The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer
The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer
Indiana Law Journal
No abstract provided.
Kids Behind Bars: The Legality Of Incarcerating Juveniles In Adult Jails, Kristina H. Chung
Kids Behind Bars: The Legality Of Incarcerating Juveniles In Adult Jails, Kristina H. Chung
Indiana Law Journal
No abstract provided.
Procedure—Sanctions—Federal Procedural Rules Do Not Displace Inherent Powers Of Court To Award Attorney's Fees For Bad Faith Conduct. Chambers V. Nasco, Inc., 111 S. Ct. 2123 (1991)., Goodloe Partee
University of Arkansas at Little Rock Law Review
No abstract provided.
Of Federalism, Secession, Canada And Quebec, Greg Craven
Of Federalism, Secession, Canada And Quebec, Greg Craven
Dalhousie Law Journal
This article does not seek to examine comprehensively either the political or the legal intricacies of the possible secession of Quebec from Canada. To either task, the author's knowledge would be unequal. In general terms, all that is aimed at here is the very modest goal of bringing to bear upon the present Quebec-Canada scenario perceptions garnered from a consideration of similar (though different) situations which have arisen in other federations, and especially in the Australian federation. More specifically, what is attempted is three things. First, a brief discussion is undertaken of the concept of secession as such. Second, secession …
A Fixed Principle Approach To Statutory Construction: The Glass-Steagall Act As A Test Case, Vincent Di Lorenzo
A Fixed Principle Approach To Statutory Construction: The Glass-Steagall Act As A Test Case, Vincent Di Lorenzo
BYU Law Review
No abstract provided.
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
BYU Law Review
No abstract provided.
Younger Abstention Doctrine: A Morass Of Confusion, R. Gary Winger
Younger Abstention Doctrine: A Morass Of Confusion, R. Gary Winger
BYU Law Review
No abstract provided.
Interpreting Codes, Bruce W. Frier
Interpreting Codes, Bruce W. Frier
Michigan Law Review
Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," …
Employer Recapture Of Erisa Contributions Made By Mistake: A Federal Common Law Remedy To Prevent Unjust Enrichment, J. Daniel Plants
Employer Recapture Of Erisa Contributions Made By Mistake: A Federal Common Law Remedy To Prevent Unjust Enrichment, J. Daniel Plants
Michigan Law Review
This Note investigates more fully the policies animating ERISA in order to ascribe an appropriate construction to the mistaken contribution section. Part I analyzes the Ninth Circuit's anomalous implied cause of action theory. Searching the legislative history as well as ERISA's language and structure, this Part finds lacking the requisite expression of congressional intent to support a statutorily implied remedy. As an alternative, Part II explores the appropriateness of common law relief. Part II defends the creation of common law relief by the federal courts as consistent with the direct and indirect evidence suggesting that Congress envisioned judicial supplementation of …
Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper
Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper
Michigan Law Review
The Armed Career Criminal Act of 1984 (ACCA) enables the federal government to help state authorities more effectively prosecute "career criminals.'' The ACCA imposes a mandatory sentence of at least fifteen years, and up to life imprisonment, for illegal possession of a firearm by anyone who has three prior convictions for violent felonies or serious drug offenses "committed on occasions different from one another."
To apply the ACCA, judges must determine first whether the defendant's prior convictions meet the definitions of "violent felony or serious drug offense," and secondly whether the offenses were committed on different occasions so that they …
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
BYU Law Review
No abstract provided.
The Screening Of Appeals: The Ninth Circuit's Experience In The Eighties And Innovations For The Nineties, John B. Oakley
The Screening Of Appeals: The Ninth Circuit's Experience In The Eighties And Innovations For The Nineties, John B. Oakley
BYU Law Review
No abstract provided.
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells
BYU Law Review
No abstract provided.
The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg
The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg
BYU Law Review
No abstract provided.
Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown
Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown
BYU Law Review
No abstract provided.
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
BYU Law Review
No abstract provided.
Patent Venue: One More Attempt To Broaden The Statute, David Fogg
Patent Venue: One More Attempt To Broaden The Statute, David Fogg
BYU Law Review
No abstract provided.
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
BYU Law Review
No abstract provided.
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
BYU Law Review
No abstract provided.
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Michigan Law Review
A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
Michigan Law Review
A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
Florida State University Law Review
No abstract provided.
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
Indiana Law Journal
No abstract provided.
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
Washington and Lee Law Review
No abstract provided.
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Soifer's Vision And Three Questions About Images, Milner S. Ball
Soifer's Vision And Three Questions About Images, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir
Washington and Lee Law Review
No abstract provided.
Application Of Rule 11 In The Fourth Circuit
Application Of Rule 11 In The Fourth Circuit
Washington and Lee Law Review
No abstract provided.