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Articles 1 - 10 of 10
Full-Text Articles in Law
Our Very Privileged Executive: Why The Judiciary Can (And Should) Fix The State Secrets Privilege, D. A. Jeremy Telman
Our Very Privileged Executive: Why The Judiciary Can (And Should) Fix The State Secrets Privilege, D. A. Jeremy Telman
Law Faculty Publications
This paper was first presented at the Temple Law Review Symposium on Executive Power.
In Reynolds v. United States, the Supreme Court shaped the state secrets privilege (the Privilege) as one akin to that against self-incrimination. In recent litigation, the government has asserted the Privilege in motions for pre-discovery dismissal, thus transforming the Privilege into a form of executive immunity. This Paper argues that courts must step in to return the Privilege to a scope more in keeping with its status as a form of evidentiary privilege.
After reviewing the doctrinal origins of the Privilege, the Paper explores three types …
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
Law Faculty Publications
No abstract provided.
Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch
Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
The Business Judgment Rule, Disclosure, And Executive Compensation, D. A. Jeremy Telman
The Business Judgment Rule, Disclosure, And Executive Compensation, D. A. Jeremy Telman
Law Faculty Publications
Despite its ubiquity in corporate law, the business judgment rule remains a doctrinal puzzle. Both courts and scholars offer different understandings of the Rule's role in litigation brought against corporate directors and different justifications for its deployment to insulate such directors from liability for breaches of fiduciary duties. This Article rejects all existing justifications for the Rule and argues that the Rule is no longer needed to protect directors from liability either because the justifications offered never made any sense or because directors are now protected by other, statutory means. Rather, the Rule is needed today not to protect directors, …
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz
Law Faculty Publications
In the modern era, the pretrial process is critical to the disposition of almost all litigation. The vast majority of cases never go to trial. Those which are contested at trial and upon appeal are often decided upon the results of the information gather before trial. This is true in both private litigation and in public interest cases where "private attorneys general" may only function effectively with court-enforced discovery. Despite the significance of the Article III courts to our society, transparency in their processes for resolving civil disputes has been severely compromised. Threats to openness emanate from multiple sources. This …
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Law Faculty Publications
No abstract provided.
Toward A Limited-Government Theory Of Extraterritorial Detention, Robert Knowles, Marc D. Falkoff
Toward A Limited-Government Theory Of Extraterritorial Detention, Robert Knowles, Marc D. Falkoff
Law Faculty Publications
No abstract provided.
Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss
Rescue Me: Legislating Cooperation Between Animal Control Authorities And Rescue Organizations, Rebecca J. Huss
Law Faculty Publications
Notwithstanding the overwhelming evidence that shows how important pets are to many people in the United States, the leading cause of death for dogs and cats in this country is euthanasia because of the lack of homes. Although progress has been made, conservative estimates are that between three and four million dogs and cats are euthanized each year. A successful program for implementing non-lethal strategies to control the pet population incorporates three prongs: (a) increasing adoptions, (b) increasing the number of animals sterilized and (c) increasing the number of animals retained in homes. This Article focuses on the legislative actions …
The Foreign Affairs Power: Does The Constitution Matter?, D. A. Jeremy Telman
The Foreign Affairs Power: Does The Constitution Matter?, D. A. Jeremy Telman
Law Faculty Publications
No abstract provided.
"They're Practically Learning:" Pointers On Practical Legal Research Exams, Steven R. Probst
"They're Practically Learning:" Pointers On Practical Legal Research Exams, Steven R. Probst
Law Faculty Publications
No abstract provided.