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Articles 1 - 23 of 23
Full-Text Articles in Law
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Duke Law Journal
Large-scale Title VII remedies are typical of "public law" litigation, which differs in kind from the conventional compensatory lawsuit. Title VII remedies are commonly adopted by way of consent decrees. By approving these consent decrees, federal courts take responsibility for extensive institutional reforms while acting independently of the adversary process. Courts have frequently approved consent decrees without fair hearings for those whose interests are at stake. Professor Schwarzschild suggests a systematic procedure for approving Title VII consent decrees. This procedure would not discourage settlements, but would ensure that courts act on the basis of fair hearings, consistently with the quasi-legislative …
Frivolous Appeals: The Uncertain Federal Response, Robert J. Martineau
Frivolous Appeals: The Uncertain Federal Response, Robert J. Martineau
Duke Law Journal
Frivolous appeals and abusive appeal tactics contribute to the enormous workload of the federal courts of appeals. Because these courts have been unsuccessful in defining clearly when and under what circumstances they will impose sanctions for frivolous appeals or abusive appeal tactics, the deterrent effect of these sanctions has been minimal. Professor Martineau proposes a new rule requiring sanctions for either frivolous appeals or abusive appeal tactics, arguing that sanctions are necessary to protect both litigants and the ability of the federal appellate courts to decide cases in an expeditious and fair manner.
Interpretation Of The Eighth Amendment—Rummel, Solem, And The Venerable Case Of Weems V. United States, Pressly Millen
Interpretation Of The Eighth Amendment—Rummel, Solem, And The Venerable Case Of Weems V. United States, Pressly Millen
Duke Law Journal
No abstract provided.
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall—A Comment On Lynch V. Donnelly, William Van Alstyne
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall—A Comment On Lynch V. Donnelly, William Van Alstyne
Duke Law Journal
This comment is based upon an address by Professor Van Alstyne to the Annual Conference of the United States Court of Appeals for the District of Columbia Circuit, delivered on May 17, 1984, at Williamsburg, Virginia.
Due Process Implications Of Shifting The Burden Of Proof In Forfeiture Proceedings Arising Out Of Illegal Drug Transactions, Peter Petrou
Due Process Implications Of Shifting The Burden Of Proof In Forfeiture Proceedings Arising Out Of Illegal Drug Transactions, Peter Petrou
Duke Law Journal
No abstract provided.
The Alaska Supreme Court And The Rights Of Public School Teachers As Employees: A Suggested Response To Judicial Limitation Of Collective Bargaining Rights, Darah S. Headley
The Alaska Supreme Court And The Rights Of Public School Teachers As Employees: A Suggested Response To Judicial Limitation Of Collective Bargaining Rights, Darah S. Headley
Alaska Law Review
No abstract provided.
Managing Sensitive Ecosystems: Honsinger V. State And The Need For Flexibility In The Rules Of Real Property, Lou Harrison
Managing Sensitive Ecosystems: Honsinger V. State And The Need For Flexibility In The Rules Of Real Property, Lou Harrison
Alaska Law Review
No abstract provided.
The Indian Child Welfare Act: Does It Cover Custody Disputes Among Extended Family Members, Jeffrey Drew Butt
The Indian Child Welfare Act: Does It Cover Custody Disputes Among Extended Family Members, Jeffrey Drew Butt
Alaska Law Review
No abstract provided.
Compulsory Joinder Of Partial Subrogees: Implications Of The Alaska Rule, Steven D. Plissey
Compulsory Joinder Of Partial Subrogees: Implications Of The Alaska Rule, Steven D. Plissey
Alaska Law Review
No abstract provided.
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
17 pages.
National League Of Cities V. Usery To Eeoc V. Wyoming: Evolution Of A Balancing Approach To Tenth Amendment Analysis, Vincent Daniel Palumbo
National League Of Cities V. Usery To Eeoc V. Wyoming: Evolution Of A Balancing Approach To Tenth Amendment Analysis, Vincent Daniel Palumbo
Duke Law Journal
No abstract provided.
Judicial Review Of Informal Administrative Rulemaking
Judicial Review Of Informal Administrative Rulemaking
Duke Law Journal
No abstract provided.
Toward A History Of The American Rule On Attorney Fee Recovery, John Leubsdorf
Toward A History Of The American Rule On Attorney Fee Recovery, John Leubsdorf
Law and Contemporary Problems
No abstract provided.
Foreword, Murray L. Schwartz
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
Law and Contemporary Problems
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel
Cornell Law Review
No abstract provided.
Fee Arrangements And Fee Shifting: Lessons From The Experience In Ontario, Herbert M. Kritzer
Fee Arrangements And Fee Shifting: Lessons From The Experience In Ontario, Herbert M. Kritzer
Law and Contemporary Problems
No abstract provided.
Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins
Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins
Publications
No abstract provided.
Citizen Suit Attorney Fee Shifting Awards: A Critical Examination Of Government-“Subsidized” Litigation, Bruce Fein
Citizen Suit Attorney Fee Shifting Awards: A Critical Examination Of Government-“Subsidized” Litigation, Bruce Fein
Law and Contemporary Problems
No abstract provided.
Winnowing Derivative Suits Through Attorneys Fees, A. F. Conard
Winnowing Derivative Suits Through Attorneys Fees, A. F. Conard
Law and Contemporary Problems
No abstract provided.
Defining Reckless Disregard In Defamation Suits: The Alaska Supreme Court Renders A Narrow Interpretation Of The New York Times Rule, Andrew B. Stegemoeller
Defining Reckless Disregard In Defamation Suits: The Alaska Supreme Court Renders A Narrow Interpretation Of The New York Times Rule, Andrew B. Stegemoeller
Alaska Law Review
No abstract provided.
Fee Shifting And The Implementation Of Public Policy, Frances Kahn Zemans
Fee Shifting And The Implementation Of Public Policy, Frances Kahn Zemans
Law and Contemporary Problems
No abstract provided.
The Role Of Attorney Fee Shifting In Public Interest Litigation, Robert V. Percival, Geoffrey P. Miller
The Role Of Attorney Fee Shifting In Public Interest Litigation, Robert V. Percival, Geoffrey P. Miller
Law and Contemporary Problems
No abstract provided.