Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

2007

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 287

Full-Text Articles in Law

Beyond Traditional Notions Of Transitional Justice: How Trials, Truth Commissions, And Other Tools For Accountability Can And Should Work Together , Donald L. Hafner, Elizabeth B. L. King Dec 2007

Beyond Traditional Notions Of Transitional Justice: How Trials, Truth Commissions, And Other Tools For Accountability Can And Should Work Together , Donald L. Hafner, Elizabeth B. L. King

Boston College International and Comparative Law Review

Civil conflicts marked by human rights violations leave devastated communities in their wake. The international community has an interest in assuring that justice is done, an interest which the recent establishment of the International Criminal Court (ICC) confirms. The authors argue the ICC should be augmented by additional mechanisms to bear the burden of doing justice and reconstructing communities after such civil conflicts. This Article explores the potential tensions among such mechanisms, including national human rights trials, truth commissions, and community-based gacaca, and emphasizes the importance of consult-ing victims in resolving these tensions. The authors conclude that the ICC should ...


Tribunal Discourse And Intercourse: How The International Courts Speak To One Another, Patricia M. Wald Dec 2007

Tribunal Discourse And Intercourse: How The International Courts Speak To One Another, Patricia M. Wald

Boston College International and Comparative Law Review

This Article analyzes the development of a common law for international tribunals through the interpretation of applicable treaties and the interpretation of customary law—a decidedly difficult and amorphous process. The author notes there has been significant development in the common law of the tribunals, but that there is still a long way to go, especially on the issue of when a court should simply interpret or apply exist-ing law and when it should “legislate” or create new law. The Article also examines the less formal rules and practices beyond formal judgments, the “soft” law and practices, which are indispensable ...


The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller Dec 2007

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Michigan Law Review

The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact ...


Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman Dec 2007

Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman

University of Michigan Journal of Law Reform

What is the relationship between access to information and access to justice? Private parties obviously have many publicly available points of access to the information they seek in order to file a lawsuit. Lawyers can talk to their clients and other willing witnesses. Documents can be gathered. Specific statutes may sometimes permit information to be obtained before a formal lawsuit is brought. On other occasions, however, information needed or desired will lie solely within the exclusive knowledge and control of another The ability of private parties to compel the production of information, documents, or testimony before litigation rarely has been ...


The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman Nov 2007

The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman

University of Pittsburgh School of Law Working Paper Series

Class action litigation seeks to mediate pressing conflicts between individual autonomy and collective justice; federal supervision and local control; self-interested class counsel and the represented class. These conflicts are exacerbated when a federal court that approves a class action settlement later seeks to enjoin state court litigants from violating its terms. Yet the demand for such injunctions has increased in light of the advent of back-end opt-out rights. In recent years, class members have been afforded “back-end,” or delayed, opportunities to opt out of a class action once the terms of the settlement are disclosed. These back-end opt-out rights may ...


Restoring Congressional Intent And Protections Under The Americans With Disabilities Act: Hearing Before The S. Comm. On Health, Education, Labor, & Pensions, 110th Cong., Nov. 15, 2007 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum Nov 2007

Restoring Congressional Intent And Protections Under The Americans With Disabilities Act: Hearing Before The S. Comm. On Health, Education, Labor, & Pensions, 110th Cong., Nov. 15, 2007 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.


Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic Nov 2007

Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic

Michigan Law Review

Specific exclusion has become a controversial limitation on the doctrine of equivalents, which is itself an essential and controversial area of patent law. The doctrine of equivalents allows a patentee to successfully claim infringement against devices that are outside of the literal reach of the language used by the patentee in her patent to describe what she claims as her invention. The Supreme Court has prescribed some of the outer limits of the doctrine of equivalents and articulated the underlying policy concerns that inform its analysis-noting that courts should balance protection of the patentee's intellectual property with the public ...


Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker Nov 2007

Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker

University of Richmond Law Review

In 2005, the Virginia Stock Corporation Act (the "Virginia Act") was extensively revised and updated for the first time since 1985. Having just undertaken such a major revision to the Virginia Act,

the General Assembly further amended the Act in a more targeted fashion in 2006 and 2007. Section II of this article addresses some of the changes that have taken place since the 2005 amendments and gives a brief overview of some conforming changes that have been incorporated in the Virginia Nonstock Corporation Act (the "Nonstock Act").

There has also been a concerted effort to conform the language and ...


Issue 2: Annual Survey 2007 Table Of Contents Nov 2007

Issue 2: Annual Survey 2007 Table Of Contents

University of Richmond Law Review

No abstract provided.


Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr. Nov 2007

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr. Nov 2007

Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.

University of Richmond Law Review

No abstract provided.


The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land Nov 2007

The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land

University of Richmond Law Review

No abstract provided.


Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel Nov 2007

Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel

Michigan Law Review

In eBay v. MercExchange, a unanimous Supreme Court announced that a new four-factor test should be employed by district courts in determining whether to award an injunction or damages to an aggrieved party whose intellectual property has been infringed. In the context of permanent injunctions in patent cases, district courts have distorted the four-factor test resulting in a "market competition requirement." Under the new market competition requirement, success at obtaining an injunction is contingent upon a party demonstrating that it is a market competitor After consistent application in the first twenty-five district court cases post-eBay, the market competition requirement is ...


Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown Oct 2007

Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown

Boston College Law School Faculty Papers

Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal ...


The Ada Restoration Act Of 2007: Hearing Before The H. Subcomm. On Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., Oct. 4, 2007 (Statement Of Statement Of Chai R. Feldblum, Prof. Of Law, Geo. U. L. Center), Chai R. Feldblum Oct 2007

The Ada Restoration Act Of 2007: Hearing Before The H. Subcomm. On Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., Oct. 4, 2007 (Statement Of Statement Of Chai R. Feldblum, Prof. Of Law, Geo. U. L. Center), Chai R. Feldblum

Testimony Before Congress

No abstract provided.


Supreme Court Criminal Procedure Update, Randall Coyne Oct 2007

Supreme Court Criminal Procedure Update, Randall Coyne

Randall Coyne

No abstract provided.


Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele Oct 2007

Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele

Faculty Publications

Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and ...


Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer Oct 2007

Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer

North Carolina Central Law Review

No abstract provided.


Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier Oct 2007

Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier

Campbell Law Review

This Comment explores the history of Rule 2 of the North Carolina Rules of Appellate Procedure, the controversial ruling of Viar, and how subsequent cases have interpreted the North Carolina Supreme Court's ruling in Viar.


Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore Oct 2007

Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore

University of Michigan Journal of Law Reform

Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed ...


The Special Section, Nancy Bellhouse May Oct 2007

The Special Section, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina S. Ching Oct 2007

The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina S. Ching

The Journal of Appellate Practice and Process

No abstract provided.


Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein Oct 2007

Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder Oct 2007

Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush Oct 2007

Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan Oct 2007

Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan

University of Arkansas at Little Rock Law Review

The purpose of this article is to raise awareness of the authority of federal courts to certify questions to the Arkansas Supreme Court and of some of the undeveloped legal issues surrounding the rule itself. The certification process, allowed under Arkansas Supreme Court Rule 6-8, is neither simple nor inexpensive, but it will most likely be less complicated and expensive than other alternatives available to a federal court and litigants involved in federal court litigation when a question of unclear Arkansas state law presents itself. Certification is treated as an appeal. Therefore, fees and costs are the same as in ...


Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr Oct 2007

Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr

Michigan Law Review

This Note argues that a careful analysis of the Supreme Court's opinion in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. demonstrates that, despite the expansive dicta appearing in part IV of that opinion, the Court did not intend to reshape the course of its Robinson-Patman Act jurisprudence in any significant way. The Court's opinion operated well within the confines of established Robinson-Patman Act doctrine, even if its searching review of the evidence presented at trial represented a rare foray into the arena of factual error correction. After Reeder-Simco, however, many commentators emphasized the dicta in part ...


Race And Recalcitrance: The Miller-El Remands, Sheri Johnson Oct 2007

Race And Recalcitrance: The Miller-El Remands, Sheri Johnson

Cornell Law Faculty Publications

In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus far considered, those ...


Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette Oct 2007

Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette

University of Michigan Journal of Law Reform

The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail ...


Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller Oct 2007

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.