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Articles 1 - 30 of 308
Full-Text Articles in Law
One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah
One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah
Indonesia Law Review
Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in …
A Failure To Communicate, Erwin Chemerinsky
The Monster In The Courtroom, Sonja R. West
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter
BYU Law Review
No abstract provided.
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy
BYU Law Review
No abstract provided.
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm
BYU Law Review
No abstract provided.
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
BYU Law Review
No abstract provided.
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Not A Free Press Court?, Lyrissa Barnett Lidsky
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust
Touro Law Review
No abstract provided.
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews
BYU Law Review
No abstract provided.
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe
BYU Law Review
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has …
An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser
An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser
Washington Law Review
Fundamental to the American system of justice is the right to a public trial and a general presumption of openness in judicial proceedings. These values are reflected in the First and Sixth Amendments of the United States Constitution and in many state constitutions. Washington is one of a number of states whose constitution (unlike the U.S. Constitution) also explicitly guarantees the open administration of justice. Constitutional dilemmas arise when a party requests the closure of a courtroom or the sealing of documents. These requests force courts to harmonize values of open justice with other compelling interests. U.S. Supreme Court decisions …
Interpreting Regulations, Kevin M. Stack
Interpreting Regulations, Kevin M. Stack
Michigan Law Review
The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The neglect of regulatory interpretation is not only a shortcoming in interpretive theory but also a practical problem for administrative law. Canonical doctrines of administrative law - Chevron, Seminole Rock/Auer, and Accardi - involve interpreting regulations, and yet courts lack a consistent approach. This Article develops a method for interpreting regulations and, more generally, situates regulatory interpretation within debates over legal interpretation. It argues that a purposive …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey -- A Review Of Decisions: April 1989-June1989, Charles R. Eskridge Iii
California Supreme Court Survey -- A Review Of Decisions: April 1989-June1989, Charles R. Eskridge Iii
Pepperdine Law Review
No abstract provided.
The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson
The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson
Pepperdine Law Review
No abstract provided.
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Pepperdine Law Review
No abstract provided.
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
Pepperdine Law Review
No abstract provided.
Standing To Sue A Carrier's Killers , Davis J. Howard
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: January 1989-March 1989, Charles R. Eskridge Iii
California Supreme Court Survey - A Review Of Decisions: January 1989-March 1989, Charles R. Eskridge Iii
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - July 1990-December 1990 , James Duff Mcginley, Robert Jay Mills
California Supreme Court Survey - July 1990-December 1990 , James Duff Mcginley, Robert Jay Mills
Pepperdine Law Review
No abstract provided.
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
Pepperdine Law Review
No abstract provided.
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: January 1990-September 1990, James Duff Mcginley, Robert Jay Mills
California Supreme Court Survey - A Review Of Decisions: January 1990-September 1990, James Duff Mcginley, Robert Jay Mills
Pepperdine Law Review
No abstract provided.
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.