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Articles 1 - 21 of 21

Full-Text Articles in Law

Judicial Fidelity, Caprice L. Roberts Jan 2024

Judicial Fidelity, Caprice L. Roberts

Pepperdine Law Review

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …


Toward A More Democratic America, Thomas Kleven Dec 2020

Toward A More Democratic America, Thomas Kleven

Seattle Journal for Social Justice

No abstract provided.


How Supreme Court Precedent Sheds Light On Corporate Bill Of Attainder Claims, Alina Veneziano Dec 2020

How Supreme Court Precedent Sheds Light On Corporate Bill Of Attainder Claims, Alina Veneziano

Seattle Journal for Social Justice

No abstract provided.


Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D. Jan 2020

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.


Standing In The Way Of The Ftaia: Exceptional Applications Of Illinois Brick, Jennifer Fischell Oct 2015

Standing In The Way Of The Ftaia: Exceptional Applications Of Illinois Brick, Jennifer Fischell

Michigan Law Review

In 1982, Congress enacted the Foreign Antitrust Trade Improvements Act (FTAIA) to resolve uncertainties about the international reach and effect of U.S. antitrust laws. Unfortunately, the FTAIA has provided more questions than answers. It has been ten years since the Supreme Court most recently interpreted the FTAIA, and crucial questions and circuit splits abound. One of these questions is how to understand the convergence of the direct purchaser rule (frequently referred to as the Illinois Brick doctrine) and the FTAIA. Under the direct purchaser rule, only those who purchase directly from antitrust violators are typically permitted to sue under section …


Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley Sep 2014

Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Punitive Damages And The Drunken Driver, William C. Cooper Feb 2013

Punitive Damages And The Drunken Driver, William C. Cooper

Pepperdine Law Review

A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …


Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel Jan 2013

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.


States Escape Liability For Copyright Infringement?, Michelle V. Francis Jan 2013

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Sanchez-Llamas V. Oregon And Article 36 Of The Vienna Convention On Consular Relations: The Supreme Court, The Right To Consul, And Remediation, Mark J. Kadish, Charles C. Olson Jan 2006

Sanchez-Llamas V. Oregon And Article 36 Of The Vienna Convention On Consular Relations: The Supreme Court, The Right To Consul, And Remediation, Mark J. Kadish, Charles C. Olson

Michigan Journal of International Law

This Article analyzes the Sanchez-Llamas decision and attempts to ascertain its impact on future Article 36 litigation.


Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer May 2004

Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer

San Diego International Law Journal

This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …


Fragmentation Of International Law And Establishing An Accountability Regime For International Organizations: The Role Of The Judiciary In Closing The Gap, Karel Wellens Jan 2004

Fragmentation Of International Law And Establishing An Accountability Regime For International Organizations: The Role Of The Judiciary In Closing The Gap, Karel Wellens

Michigan Journal of International Law

In the mid-nineties, the Editorial Board of the Netherlands Yearbook of International Law decided to select the diversity in secondary rules and the unity of international law as a topic to celebrate the Yearbook's twenty-fifth anniversary. The focus was on sources, responsibility, countermeasures, and dispute settlement, thus reflecting Hart's secondary rules of recognition, change, and adjudication.


Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell Jan 2003

Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell

Michigan Journal of Gender & Law

This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson Jan 1990

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.


New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz Jan 1990

New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz

Touro Law Review

No abstract provided.


Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman Jan 1986

Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman

Cardozo Law Review

No abstract provided.


Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller Jan 1984

Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller

Cardozo Law Review

No abstract provided.


Federal Courts As State Reformers, Paul J. Mishkin Sep 1978

Federal Courts As State Reformers, Paul J. Mishkin

Washington and Lee Law Review

No abstract provided.


Appellate Supervision Of Remedies In Public Law Adjudication, Robert L. Hinkle Dec 1976

Appellate Supervision Of Remedies In Public Law Adjudication, Robert L. Hinkle

Florida State University Law Review

No abstract provided.


Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed. Dec 1947

Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.

Michigan Law Review

A court which has issued a permanent injunction may, under certain conditions, open and modify or dissolve the injunction even though the decree in the original action has become final. This power is said to be justified by the continuing operation of the injunction, which regulates future conduct as well as determining the rights of the parties as of the date of rendition of the decree. The same proposition can be restated by saying that injunctions are issued to protect existing rights, but provide no immunity against modification of those rights because of later changes in the applicable law or …