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Articles 61 - 90 of 342
Full-Text Articles in Law
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
Buffalo Public Interest Law Journal
No abstract provided.
Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock
Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock
Buffalo Human Rights Law Review
No abstract provided.
La Competencia Territorial Para La Ejecución De Pagarés De Consumo En La Capital Federal., Gabriel Martinez Medrano
La Competencia Territorial Para La Ejecución De Pagarés De Consumo En La Capital Federal., Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario al Plenario de la Cámara Nacional en lo Comercial que sienta la siguiente doctrina: “En las ejecuciones de títulos cambiarios dirigidas contra deudores residentes fuera de la jurisdicción del tribunal: 1. Cabe inferir de la sola calidad de las partes que subyace una relación de consumo en los términos previstos en la ley N° 24.240 de Defensa del Consumidor, prescindiendo de la naturaleza cambiaria del título en ejecución. 2. Corresponde declarar de oficio la incompetencia territorial del tribunal con fundamento en lo dispuesto en el art. 36 de la Ley de Defensa del Consumidor”.
Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow
BYU Law Review
No abstract provided.
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
Claudio Fuentes Maureira
The Chilean criminal procedure reform introduced to the Chilean legal culture many foreign institutions. In every case the idea behind it was to change specific behaviours of the old system. One of these institutions was the concept or idea of the standard of proof, mainly the introduction in article 340 of the current Code of Criminal Procedure of the beyond reasonable doubt standard.
The paper explores, ten years after the adoption of the new system, how the the tribunals have understood and incorporated this concept, and specifically the beyond reasonable doubt standard. In terms of methodology the paper focuses, in …
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
Comentario Del Fallo De La Corte De Apelaciones De Concepción Sobre Exclusión Probatoria En Juicios De Familia: ¿Realidad O Ficción?, Claudio Fuentes Maureira
Comentario Del Fallo De La Corte De Apelaciones De Concepción Sobre Exclusión Probatoria En Juicios De Familia: ¿Realidad O Ficción?, Claudio Fuentes Maureira
Claudio Fuentes Maureira
El presente documento destaca la relevancia de una reciente sentencia de la Corte de Apelaciones de Concepción en materia de derecho procesal de Familia. En ella la Corte establece una sana línea jurisprudencial que fija una expectativa de conducta por parte del juez de familia respecto de cómo deben encarar el incidente de exclusión probatoria que se da en el contexto de la audiencia preparatoria. Asimismo, qué tipo de razonamiento deben llevar a cabo para resolver la solicitud de exclusión planteada y cuáles son los mínimos argumentos que su decisión de exclusión debe considerar.
The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci
The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
The Central American Constitutional Identity, Prof. Michele Carducci
The Central American Constitutional Identity, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci
Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Gordon G. Young
No abstract provided.
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …
The Antislavery Judge Reconsidered, Jeffrey M. Schmitt
The Antislavery Judge Reconsidered, Jeffrey M. Schmitt
School of Law Faculty Publications
It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act …
Civil Procedure’S Five Big Ideas, Kevin M. Clermont
Civil Procedure’S Five Big Ideas, Kevin M. Clermont
Cornell Law Faculty Working Papers
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become more openly the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I am championing is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true …
The Role Of The Work Context In Multiple Wellness Outcomes For Hospital Patient Care Workers, Dean Hashimoto, Glorian Sorensen, Anne Stoddard, Sonia Stoffel, Orfeu Buxton, Grace Sembajwe, Jack Dennerlien, Karen Hopcia
The Role Of The Work Context In Multiple Wellness Outcomes For Hospital Patient Care Workers, Dean Hashimoto, Glorian Sorensen, Anne Stoddard, Sonia Stoffel, Orfeu Buxton, Grace Sembajwe, Jack Dennerlien, Karen Hopcia
Dean M. Hashimoto
Objective: To examine the relationships among low back pain (LBP), inadequate physical activity, and sleep deficiency among patient care workers, and of these outcomes to work context.
Methods: A cross-sectional survey of patient care workers (N = 1572, response rate = 79%).
Results: A total of 53% reported LBP, 46%, inadequate physical activity, and 59%, sleep deficiency. Inadequate physical activity and sleep deficiency were associated (P = 0.02), but LBP was not significantly related to either. Increased risk of LBP was significantly related to job demands, harassment at work, decreased supervisor support, and job title. Inadequate physical activity was significantly …
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Donald J. Kochan
This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …
Curtains, Bethel G.A Erastus-Obilo
Curtains, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
This is the story of life in all its glory and eternal ramifications. This is the story of us.
I Wept, Bethel G.A Erastus-Obilo
I Wept, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system
Jury Continuum, Bethel G.A Erastus-Obilo
Jury Continuum, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …
Lawyering Decisions—October 2009 Term, Eileen Kaufman
Lawyering Decisions—October 2009 Term, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Health Care: Why Jurisdiction Matters, Kevin C. Walsh
Health Care: Why Jurisdiction Matters, Kevin C. Walsh
Law Faculty Publications
Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.
One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …
Not The Crime But The Cover-Up: A Deterrence-Based Rationale For The Premeditation-Deliberation Formula, Michael J. Zydney Mannheimer
Not The Crime But The Cover-Up: A Deterrence-Based Rationale For The Premeditation-Deliberation Formula, Michael J. Zydney Mannheimer
Indiana Law Journal
Beginning with Pennsylvania in 1794, most American jurisdictions have, at one time or another, separated the crime of murder into two degrees based on the presence or absence of premeditation and deliberation. An intentional, premeditated, and deliberate murder is murder of the first degree, while second-degree murder is committed intentionally but without premeditation or deliberation. The distinction was created in order to limit the use of the death penalty, which generally has been imposed only for first-degree murder.
Critics have attacked the premeditation-deliberation formula on two fronts. First, they have charged that the formula is imprecise as a measure of …
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Michigan Journal of International Law
If, with the benefit of hindsight, Mr. Choudhury's case was a harbinger of the emergence of various problems associated with Islam and the rights of Muslim minorities in European nation-states, then the events of September 11, 2001 have propelled these issues to the forefront of law and politics in a way unimaginable even a decade earlier. In Denmark, cartoons depicting the Islamic prophet Muhammad as a suicide bomber have been published leading to protests and violence across Europe and the Islamic world; a law prohibiting students in public schools from wearing symbols or attire through which they conspicuously exhibit a …
Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong
Chinese Judicial Culture: From Tradition To Modernity, Shen Deyong
Brigham Young University Journal of Public Law
Text of an address by the Hon. Justice Shen Deyong at the Brigham Young University Law School, October 21, 2009.
Self-Conscious Dicta: The Origins Of Roe V. Wade’S Trimester Framework, Randy Beck
Self-Conscious Dicta: The Origins Of Roe V. Wade’S Trimester Framework, Randy Beck
Scholarly Works
One of the controversies arising from Roe v. Wade (1973), has concerned whether the conclusions undergirding the opinion's “trimester framework” should be considered part of the holding of the case, or instead classified as dicta. Different Supreme Court opinions have spoken to this question in different ways. This article reviews materials from the files of Justices who participated in Roe, seeking insight as to what the Court thought about the issue at the time. The article concludes that Justices in the Roe majority understood the opinion’s trimester framework to consist largely of dicta, unnecessary to a ruling on the constitutionality …
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz
Martin A. Schwartz
No abstract provided.