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Articles 1 - 30 of 33
Full-Text Articles in Law
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
American University Law Review
While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …
Modeling The Second Amendment Right To Carry Arms (I): Judicial Tradition And The Scope Of "Bearing Arms" For Self-Defense, Michael P. O'Shea
Modeling The Second Amendment Right To Carry Arms (I): Judicial Tradition And The Scope Of "Bearing Arms" For Self-Defense, Michael P. O'Shea
American University Law Review
This Article sheds light on a major constitutional question opened up by the United States Supreme Court’s landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago: Does the Second Amendment “right to bear arms” include a right to carry a handgun for self-defense outside the home? Some courts and commentators have declared that Heller held that the Second Amendment right is limited to the home, so that restrictions on handgun carrying do not even fall within the scope of the Second Amendment. Others assert that the potential applicability of the right to bear arms outside …
Foreword:The Federal Circuit At Thirty, Pauline Newman
Foreword:The Federal Circuit At Thirty, Pauline Newman
American University Law Review
No abstract provided.
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
American University Law Review
No abstract provided.
2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum
2011 Government Contract Law Decisions Of The Federal Circuit, Joel Singer, Kyle Fiet, Matthew Solomson, Benjamin Glerum
American University Law Review
No abstract provided.
2011 International Trade Law Decisions Of The Federal Circuit, Gregory J. Spak, Forrest R. Hansen, Daniel J. Hickman
2011 International Trade Law Decisions Of The Federal Circuit, Gregory J. Spak, Forrest R. Hansen, Daniel J. Hickman
American University Law Review
No abstract provided.
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
American University Law Review
No abstract provided.
The New National Security Canon, Stephen I. Vladeck
The New National Security Canon, Stephen I. Vladeck
American University Law Review
No abstract provided.
Shields Of War: Defining Military Contractors’ Liability For Torture, Kathryn R. Johnson
Shields Of War: Defining Military Contractors’ Liability For Torture, Kathryn R. Johnson
American University Law Review
No abstract provided.
Intent And Consent In The Tort Of Battery: Confusion And Controversy, Nancy J. Moore
Intent And Consent In The Tort Of Battery: Confusion And Controversy, Nancy J. Moore
American University Law Review
No abstract provided.
Don't Just Do Something! E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter
Don't Just Do Something! E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter
American University Law Review
No abstract provided.
Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases, Todd Haugh
Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases, Todd Haugh
American University Law Review
No abstract provided.
No "Direction" Home: An Alternative Approach To Joint Infringement, W. Keith Robinson
No "Direction" Home: An Alternative Approach To Joint Infringement, W. Keith Robinson
American University Law Review
No abstract provided.
Outfoxing Alaska Hunters: How Arbitrary And Capricious Review Of Changing Regulatory Interpretations Can More Efficiently Police Agency Discretion, Brian J. Shearer
Outfoxing Alaska Hunters: How Arbitrary And Capricious Review Of Changing Regulatory Interpretations Can More Efficiently Police Agency Discretion, Brian J. Shearer
American University Law Review
No abstract provided.
Inside Voices: Protecting The Student-Critic In Public Schools, Josie Foehrenbach Brown
Inside Voices: Protecting The Student-Critic In Public Schools, Josie Foehrenbach Brown
American University Law Review
No abstract provided.
Text And Pretext: The Future Of Material Witness Detention After Ashcroft V. Al-Kidd, Catherine Cone
Text And Pretext: The Future Of Material Witness Detention After Ashcroft V. Al-Kidd, Catherine Cone
American University Law Review
No abstract provided.
The Federal Power Act's Double Standard: Unwinding The Mobile-Sierra Doctrine After Morgan Stanley Capital Group, Inc. V. Public Utility District No. 1, John M. White
American University Law Review
Emerging from two Supreme Court opinions decided in the 1950’s, the Mobile-Sierra doctrine has evolved to stand for a principle of contract sanctity in public utility rate setting. The courts have largely come to the conclusion that the Federal Energy Regulatory Commission (the Commission) has less authority to modify rates set by contract, as compared to unilaterally-filed tariff rates, when the contract is the result of arm’s-length negotiations between sophisticated parties of equal bargaining power, unless the contract indicates otherwise. Only in “extraordinary circumstances,” the Court has found, may the Commission step in to modify any such “Mobile-Sierra contract.”
The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
American University Law Review
Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases—mainly wage claims but also age discrimination and gender equal pay claims—29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving strict …
War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools
War, Terror, And The Federal Courts, Ten Years After 9/11, From The 2012 Annual Meeting Of The Association Of American Law Schools
American University Law Review
No abstract provided.
Prefering Order To Justice, Laura Rovner, Jeanne Theoharis
Prefering Order To Justice, Laura Rovner, Jeanne Theoharis
American University Law Review
No abstract provided.
No Toy For You! The Healthy Food Incentives Ordinance: Paternalism Or Consumer Protection?, Alexis M. Etow
No Toy For You! The Healthy Food Incentives Ordinance: Paternalism Or Consumer Protection?, Alexis M. Etow
American University Law Review
No abstract provided.
Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides
Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides
American University Law Review
No abstract provided.
Comment: Until The Plenary Power Do Us Part: Judicial Scrutiny Of The Defense Of Marriage Act In Immigration After Flores-Villar, Jessica Portmess
Comment: Until The Plenary Power Do Us Part: Judicial Scrutiny Of The Defense Of Marriage Act In Immigration After Flores-Villar, Jessica Portmess
American University Law Review
No abstract provided.
2011 Patent Law Decisions Of The Federal Circuit, Robert A. Pollock, Linda A. Wadler, Robert D. Litowitz, Joyce Craig, Bart A. Gerstenblith, Christina Szakaly, Zhenyu Yang, Mindy L. Ehrenfried
2011 Patent Law Decisions Of The Federal Circuit, Robert A. Pollock, Linda A. Wadler, Robert D. Litowitz, Joyce Craig, Bart A. Gerstenblith, Christina Szakaly, Zhenyu Yang, Mindy L. Ehrenfried
American University Law Review
No abstract provided.
Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten M. Schimpff
Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten M. Schimpff
American University Law Review
No abstract provided.
A Vague Law In A Smartphone World: Limiting The Scope Of Unauthorized Access Under The Computer Fraud And Abuse Act, Andrew Hernacki
A Vague Law In A Smartphone World: Limiting The Scope Of Unauthorized Access Under The Computer Fraud And Abuse Act, Andrew Hernacki
American University Law Review
No abstract provided.
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James D. Ridgway
American University Law Review
No abstract provided.
Why Can't We Be Friends? The Banning Of Teacher-Student Communication Via Social Media And The Freedom Of Speech, Giulia M. Di Marzo
Why Can't We Be Friends? The Banning Of Teacher-Student Communication Via Social Media And The Freedom Of Speech, Giulia M. Di Marzo
American University Law Review
No abstract provided.
Article Iii Judicial Power And The Federal Arbitration Act, Roger J. Perlstadt
Article Iii Judicial Power And The Federal Arbitration Act, Roger J. Perlstadt
American University Law Review
No abstract provided.
The Folly Of Rule 14a-11: Business Roundtable V. Sec And The Commission's Next Step, Stephanie Lyn Parker
The Folly Of Rule 14a-11: Business Roundtable V. Sec And The Commission's Next Step, Stephanie Lyn Parker
American University Law Review
No abstract provided.