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Articles 1 - 30 of 146
Full-Text Articles in Law
Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer
Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer
Popular Media
No abstract provided.
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Vanderbilt Law Review
In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
Michigan Law Review
There are two principal aspects of my thesis. First, it is desirable to consider seriously these legislative signals of approval and disapproval, because a blanket rejection, or even systematic hostility, imposes significant opportunity costs on Congress. If the judiciary refuses to consider these signals, Congress will have to expend extra resources to achieve the same ends. That expense will diminish the institution's ability to enact other laws and in some cases will alter the character of the other laws that it is able to enact. The consequent diminution or depletion of Congress's legislative authority is unhealthy from a democratic perspective …
A Study Of The Rhode Island Court System
A Study Of The Rhode Island Court System
Library Archive
This report contains general observations and eighty-one specific recommendations for strengthening the administration of the judicial system. It covers issues of governance, budgeting, personnel, purchasing, financial practices and staff support. Also included is an analysis of the fiscal year 1994 budget, as enacted, for the judiciary.
The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner
The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner
BYU Law Review
No abstract provided.
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
When former Arkansas state employee Paula Jones filed her complaint against Bill Clinton she joined a small group of women who have publicly accused men in high-profile positions of sexual harassment.
A classic "he said, she said" story? We may never know, if the president is able to argue successfully that his office shields him from liability for actions occurring prior to assuming it. On June 27, his lawyer, Robert Bennett, asked a federal court to delay action, and said he would be filing a separate motion in August on the issue.
The defense is based on the 1982 case …
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Faculty Publications
With his retirement in June after participating in more than 800 cases - including his career-identifying 7-2 opinion in Roe v. Wade legalizing abortion - the definition of Harry Blackmun's tenure lies in the seeming contradiction of commitment and flexibility. Along with a steadfast defense of the right to abortion in Roe, 410 U.S. 113 (1973), and successive cases, Blackmun's significance was in the power of his vote. Often overlooked in the public's emphasis on Roe is an appreciation of Blackmun's reflective, methodical, if not occasionally pointed, jurisprudence.
Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci
Articles
No abstract provided.
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
Faculty Scholarship
Presumptions and burdens of proof are used, among other purposes, to maintain legal stability and at the same time effect change. By imposing the burden of proof on the party asserting a certain outcome, courts can calibrate burdens of proof and substantive rules until experience points to rule retention or amendment. As agents of change, presumptions and burdens of proof are far more flexible and less brittle than rules.1
This Article tells the story of presumptions and burdens of proof in litigation between corporate shareholders and managements. This litigation is replete with volatile presumptions and innovative burdens of proof, …
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
13 pages (includes 1 illustration).
Includes unsigned annotations by David Getches.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages (includes 1 map).
Contains footnotes.
Mining Regulation And Takings, Mark Squillace
Mining Regulation And Takings, Mark Squillace
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains footnotes.
The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Contains footnotes.
Mining Regulation And Takings, L. Thomas Galloway
Mining Regulation And Takings, L. Thomas Galloway
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
6 pages.
Property Rights And Public Resources, Mark L. Pollot
Property Rights And Public Resources, Mark L. Pollot
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
The Endangered Species Act And Constitutional Takings, Robert Meltz
The Endangered Species Act And Constitutional Takings, Robert Meltz
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
18 pages.
Contains references.
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
“Takings” And The Endangered Species Act, Oliver A. Houck
“Takings” And The Endangered Species Act, Oliver A. Houck
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
3 pages.
The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose
The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler
Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
City Of Tigard And Takings Law, Richard D. Lazarus
City Of Tigard And Takings Law, Richard D. Lazarus
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains 1 page of references.
Takings And Retroactivity, Jan G. Laitos
Takings And Retroactivity, Jan G. Laitos
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Contains references.
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains 3 pages of references.