Law Commons^™

Stare Decisis And Intersystemic Adjudication, Nina Varsava

Notre Dame Law Review

Interpreting and following precedent is a complicated business. Various reasonable but conflicting methods of ascertaining the legal effect of precedent exist. Differences between practices of precedent or doctrines of stare decisis are particularly salient between legal systems or jurisdictions. For example, a state’s judges might embrace different stare decisis norms than federal judges. This situation presents a major quandary for intersystemic jurisprudence that has been largely overlooked in the scholarly literature.

Are law-applying judges in the intersystemic context bound by the law-supplying jurisdiction’s methods of interpreting precedent? For example, when the Seventh Circuit Court of Appeals adjudicates a question of …

Foreword, Syndie G. E. Molina

Journal of Race, Gender, and Ethnicity

No abstract provided.

Toward A Less Adversarial Relationship Between Chevron And Gardner, James D. Ridgway

University of Massachusetts Law Review

Veterans benefits are a creature of statute. As such, nearly every veterans benefits issue presented to the courts for resolution involves the interpretation of a statute, regulation, or sub-regulatory authority. Although veterans law has been subject to judicial review for over twenty-five years, the courts still have yet to develop a coherent doctrine regarding when to resolve ambiguity in favor of the veteran versus when to defer to the interpretations of the Department of Veterans Affairs. This Article explores three possible approaches to developing a coherent vision of how veteran friendliness and agency deference can coexist and provide more predictability …

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Michigan Law Review

The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …

Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page

Touro Law Review

No abstract provided.

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.

Reflections On The Adr Movement, Robben W. Fleming

Cleveland State Law Review

ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …

Declaratory Judgments-Avoidance Of Peril-Refusal To Adjudicate Rights Of Will Beneficiary Under No-Contest Clause-Testator, Burton L. Raimi S.Ed

Michigan Law Review

Testator, plaintiff's father, acquired property in the joint names of himself and his wife by using money belonging to his wife. At her death testator claimed sole ownership of the property as the survivor. Plaintiff agreed not to probate his mother's will if testator would bequeath the property to his children. Also, testator agreed that if he should remarry he would, by a prenuptial agreement, make it possible to carry out the plan. The agreement was not reduced to writing. Testator remarried and shortly thereafter executed a will in which he disregarded the verbal agreement and left a substantial part …

Collateral Attacks Based On Irregularities, John R. Rood

Michigan Law Review

Should judicial action ever be held void on collateral attack by reason of any departure from the prescribed mode of procedure? To discuss this question is the purpose of the present article. The magnitude of the subject will forbid the discussion of any specific departures or modes of procedure in detail. Numberless decisions and discussions on specific points will be found scattered through the books where these points are severally treated. If anything need be said, the comprehensive view is the one most needing attention, and least liable to receive it, because text-writers to a great extent, and the courts …