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Articles 31 - 38 of 38
Full-Text Articles in Law
The Bush Administration And Appeals Courts Nominees, Carl W. Tobias
The Bush Administration And Appeals Courts Nominees, Carl W. Tobias
Law Faculty Publications
On May 9, President George H.W. Bush announced his first set of nominees for the United States Courts of Appeals. With a White House ceremony which chief executives traditionally reserve for United States Supreme Court designees, the president introduced eleven individuals whom he proposed for vacancies on the federal intermediate appellate courts. Submitting a package of appeals court nominees might seem to be a relatively mundane exercise. However, the developments that led to Bush's recommendations, the staging of this event, and the candidates tendered actually reveal much about contemporary judicial selection, which is a critical feature of constitutional governance. For …
A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias
A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias
Law Faculty Publications
Following the adoption of the amendments to the Federal Rules of Civil Procedure relating to discovery in 2000, Prof. Tobias notes the lack of empirical research or other indication of how the new rules might work in practice preceding their enactment. He suggests that Congress should reconsider a reject 1983 amendment to F.R.C.P. 83 which would authorize courts to obtain Judicial Conference approval to test promising mechanisms for five years before adoption.
Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson
Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson
Law Faculty Publications
This volume of previously unpublished equity reports in the period 1550-1660 includes cases of substantive equity prosecuted by English bill procedure, cases that explain the jurisdiction, procedures, and practices of the courts of equity in England, and a few cases from the courts of common law that touch on and consider the jurisdiction of the equity courts. Also included are cases in the equity courts that involve equitable remedies needed to protect common law rights. Frequently the equity judge had to determine a common law right before an equitable remedy could be granted.
Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael H. Davis, Dana Neacsu
Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael H. Davis, Dana Neacsu
Law Faculty Publications
In this article, we observe the legalized character of the phenomenon popularly called "globalization." We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …
Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias
Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias
Law Faculty Publications
Memorial tribute to Professor Charles Alan Wright.
Discrimination, Plain And Simple, Henry L. Chambers, Jr.
Discrimination, Plain And Simple, Henry L. Chambers, Jr.
Law Faculty Publications
This short essay is a brief examination of the Court's relatively recent attempts to simplify Title VII and employment discrimination; it is not intended to be a comprehensive review of the Court's discrimination jurisprudence. Rather, it seeks to identify a few concerns with and implications of the Court's apparent desire to simplify Title VII jurisprudence. Part I briefly examines how the Court has simplified employment discrimination through Hicks and Oncale. Part II examines how the Court's simplifications have been used. Part III suggests concerns that should accompany the Court's simplification.
Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins
Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins
Law Faculty Publications
An article about how a "more seasoned" law librarian remains fresh in his or her career.
Divisional Arrangement For The Federal Appeals Courts, Carl W. Tobias
Divisional Arrangement For The Federal Appeals Courts, Carl W. Tobias
Law Faculty Publications
The 106th Congress seriously considered proposed legislation that could profoundly affect the federal appellate courts, and the 107th Congress may well do so. The Commission on Structural Alternatives for the Federal Courts of Appeals, which performed a rather comprehensive, albeit incomplete, study of the tribunals, recommended this bill as the centerpiece of its report for Congress. The commissioners prescribed regionally-based adjudicative divisions for the United States Court of Appeals for the Ninth Circuit and for the remaining appellate courts when the courts increase in size, even as the commission decisively rejected the possibility of splitting the Ninth Circuit into multiple …