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Full-Text Articles in Law
The Perilous Focus Shift From The Rule Of Law To Appellate Efficiency, Elizabeth Lee Thompson
The Perilous Focus Shift From The Rule Of Law To Appellate Efficiency, Elizabeth Lee Thompson
Connecticut Law Review
We should be wary of reforms that are attractive in terms of saving time but have unnoticed substantive effects. . . . The great end for which courts are created is not efficiency. It is justice.
Charles Alan Wright (1966)1
Some of the most significant—and by some estimations the most controversial— transformations of the federal appellate system occurred in the late 1960s and 1970s. Many of the effects are still felt today, including the shift from oral argument for all appeals and the view that study and disposition of each appeal were exclusively judicial tasks, to the adoption of …
Proof: The Rule Of Law’S Most Essential Element, Victor A. Bolden
Proof: The Rule Of Law’S Most Essential Element, Victor A. Bolden
Connecticut Law Review
In this seemingly apocalyptic age, when the rule of law appears under siege, the way forward should involve reaffirming our belief in the rule of law, through reaffirming the importance of proof to the rule of law. Indeed, proof is the rule of law’s most essential element, a significance codified in legal rules, exemplified by legal theory, and reflected in the main source of belief in the rule of law, its effectiveness.
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Faculty Articles and Papers
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect — that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing …
The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo
The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo
Faculty Articles and Papers
The article focuses, comparatively, on remarkable recent developments in Latin America regarding the programmatic adjudication, procedural enforcement, and internationalization of fundamental entitlements. It applauds, first, the manner in which many Latin American courts have uncompromisingly enforced positive guaranties in the last decade or so. Secondly, it analyzes various widely available procedures for the vindication of rights, including the writ of protection or security, unconstitutionality actions, and collective suits. Thirdly, it studies the manner in which the interaction between domestic and transnational rights has become extremely intense in the region. Finally, it notes the tension between the realization of the juridical …
Human Rights And Imposed Constitutions, Mark Weston Janis
Human Rights And Imposed Constitutions, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
"Originalist" Values And Constitutional Interpretation, Richard Kay
"Originalist" Values And Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
The Common Law Tradition, Mark Weston Janis
The Common Law Tradition, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Faculty Articles and Papers
No abstract provided.