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Articles 1 - 26 of 26
Full-Text Articles in Law
Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld
Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Cardozo Law Review
No abstract provided.
Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore
Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore
Cardozo Law Review
No abstract provided.
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Cardozo Law Review
No abstract provided.
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Dalhousie Law Journal
Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.
Nationwide Service Of Process In State Courts, David Carlebach
Nationwide Service Of Process In State Courts, David Carlebach
Cardozo Law Review
No abstract provided.
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Law and Contemporary Problems
The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
Comment On Peterson And Selvin, Lea Brilmayer
Comment On Peterson And Selvin, Lea Brilmayer
Law and Contemporary Problems
A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
Law and Contemporary Problems
A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
Law and Contemporary Problems
Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Law and Contemporary Problems
It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Cardozo Law Review
No abstract provided.
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Cardozo Law Review
No abstract provided.
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz
Cardozo Law Review
No abstract provided.
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
The Evolving Jurisprudence Of Toxic Torts: The Prognosis For Corporations, Allan Kanner
Cardozo Law Review
No abstract provided.
Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker
Victory In Defeat - Polygamy And The Mormon Legal Encounter With The Federal Government, Douglas H. Parker
Cardozo Law Review
No abstract provided.
Book Review, Graham Hughes
Book Review, Graham Hughes
Vanderbilt Journal of Transnational Law
Decades of conflict with Soviet Russia compelled the West to come up with soothing explanations of the German Nazi past. If Germany was our gallant ally, standing fast in NATO against the menace of Communism, it somehow must be cleansed of any stain of original sin. This has been accomplished by portraying the Nazi years as a monstrous aberration--a characterization naturally fostered and promoted by the Germans themselves. Germany had struggled in the years of the Weimar Republic toward a democratic system and a just society. Under this view of things, a handful of evil maniacs, who incomprehensibly had succeeded …
The Federal Courts In The 21st Century, Maurice Rosenberg
The Federal Courts In The 21st Century, Maurice Rosenberg
Nova Law Review
In forecasting the future, one should undoubtedly pick a target
date far enough ahead to assure that mortality will get here first.
A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks
A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks
Touro Law Review
No abstract provided.
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter
Fordham Law Review
Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.