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Full-Text Articles in Law
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
Faculty Scholarship
This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …
Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco
Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco
Faculty Scholarship
A citizen’s civil rights include protections against certain actions by three different governments – federal, state, and tribal. If the federal or a state government violates your civil rights, you can seek a remedy in federal court, including injunctive or declaratory judgment and damages. But the Supreme Court decided in Santa Clara Pueblo v. Martinez that that – other than habeas corpus relief – you cannot challenge a civil rights violation by an Indian tribe in federal court. The decision has resulted in a significant amount of controversy and proposals that Congress explicitly grant such jurisdiction. This article reviews the …
Dual Federalism, Concurrent Jurisdiction, And The Foreign Affairs Exception, Ernest A. Young
Dual Federalism, Concurrent Jurisdiction, And The Foreign Affairs Exception, Ernest A. Young
Faculty Scholarship
No abstract provided.
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Art And Science Of Critical Scholarship: Postmodernism And International Style In The Legal Architecture Of Europe, Ugo Mattei
Faculty Scholarship
No abstract provided.
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Health Care, Technology And Federalism, Kevin Outterson
Health Care, Technology And Federalism, Kevin Outterson
Faculty Scholarship
The regulation of health care has traditionally been the province of the states, most often grounded in the police power. In Colonial times, this division of responsibility was a rational response to the technological level of the eighteenth century, although even in the youth of the Republic some health and safety regulation required national and international action. With the growth of distancecompression technology, the increase in mobility of goods and services, and a significant federal financial role in health care, the grip of the police power on the regulation of health care has been weakened. Discussion of the police power …
Why Courts Review Arbitral Awards, William W. Park
Why Courts Review Arbitral Awards, William W. Park
Faculty Scholarship
Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.
Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …