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2012

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Articles 541 - 543 of 543

Full-Text Articles in Law

Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey Dec 2011

Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey

Scott Dodson

This essay, for Vanderbilt Law Review En Banc, critically assesses Jonathan Remy Nash’s article, "On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction," which proposes to use rules to demarcate jurisdictional boundaries at the front end while "migrating" standards into a discretionary abstention phase at the back end. While we believe Nash's cause is worthy, and while we applaud his creativity, we think his proposal suffers from ambiguous definitions of “rules” and “standards” and assumes that clear and simple “rules” are actually attainable in jurisdictional doctrine. We also show that Nash's proposal works only with a broad …

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Washington Was Right: The Supreme Court Could Have Intervened To Interpret French Treaties, Kevin P. Chapman Dec 2011

Washington Was Right: The Supreme Court Could Have Intervened To Interpret French Treaties, Kevin P. Chapman

Kevin P. Chapman

In the early days of his presidency, George Washington faced his first international crisis when French Ambassador Genet demanded that the United States honor its treaty obligations and provide support to the new French Republic in its ongoing war with Great Britain. Concerned about the legal effect that the French Revolution had on the viability of these obligations, Washington asked the Supreme Court to render an opinion. Chief Justice John Jay replied that the Constitution did not authorize the Supreme Court to render advisory opinions.

If Jay was correct, why did Washington, who presided over the very convention that produced …

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"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins Dec 2011

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins

Ira P. Robbins

Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts.
 
This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the …

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