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Articles 1 - 10 of 10
Full-Text Articles in Law
Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May
Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May
University of the District of Columbia Law Review
Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Reconsidering Virginia Judicial Selection, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Michigan Law Review
This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …
Justice Kennedy's Gendered World, David S. Cohen
Justice Kennedy's Gendered World, David S. Cohen
South Carolina Law Review
No abstract provided.
Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake
Bifurcation: A Powerful But Underutilized Tool In South Carolina Civil Litigation, Derek A. Shoemake
South Carolina Law Review
No abstract provided.
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
Brennan V. Scalia, Justice Or Jurisprudence? A Moderate Proposal, Travis A. Knobbe
West Virginia Law Review
No abstract provided.
Key Concepts In The Finding, Definition And Consideration Of Custom Law In Tribal Lawmaking, Pat Sekaquaptewa
Key Concepts In The Finding, Definition And Consideration Of Custom Law In Tribal Lawmaking, Pat Sekaquaptewa
American Indian Law Review
No abstract provided.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
Does Medellin Matter?, Janet Koven Levit
The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick
The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick
University of Colorado Law Review
In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support-the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons of …