Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2001

Courts

Institution
Keyword
Publication

Articles 1 - 30 of 81

Full-Text Articles in Law

The Courtroom Technology Wars Are Here!, Fredric I. Lederer Dec 2001

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.


Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy Dec 2001

Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

Law Faculty Scholarly Articles

Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia ...


Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff Oct 2001

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff

Cornell Law Faculty Publications

The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does ...


Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman Oct 2001

Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman

Pace Law Faculty Publications

The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of ...


Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet Sep 2001

Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet

Testimony Before Congress

No abstract provided.


Listing And Delisting Processes Under The Endangered Species Act: Hearing Before The S. Subcomm. On Fisheries, Wildlife And Water, 107th Cong., May 9, 2001 (Statement Of John D. Echeverria, Dir. Environmental Policy Project, Geo. U. L. Center), John D. Echeverria May 2001

Listing And Delisting Processes Under The Endangered Species Act: Hearing Before The S. Subcomm. On Fisheries, Wildlife And Water, 107th Cong., May 9, 2001 (Statement Of John D. Echeverria, Dir. Environmental Policy Project, Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.


After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman Apr 2001

After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman

All Faculty Scholarship

In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The ...


The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro Apr 2001

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of ...


Laidlaw: Redressing The Law Of Redressability, Harold J. Krent Feb 2001

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

All Faculty Scholarship

No abstract provided.


Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Outrageous Opponents: How To Stop Them In Closing Argument, Ronald L. Carlson, Michael S. Carlson Feb 2001

Outrageous Opponents: How To Stop Them In Closing Argument, Ronald L. Carlson, Michael S. Carlson

Popular Media

Most attorneys try to sum up their cases in a fashion that comports with accepted law and local practice. All too frequently, however, one has the misfortune of running into Rambo, the over-the-top opponent. Before his peroration is concluded, Rambo has trampled on the law of trial practice by making half a dozen improper arguments. He urges evidence that never came up at trial. He injects hearsay into the proceedings. He adds his own opinions about which witnesses were lying and the legal fault of your client. And, this is just the beginning. Adding insult to injury, the unjust tactics ...


Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias Jan 2001

Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias

Law Faculty Publications

Memorial tribute to Professor Charles Alan Wright.


The Bush Administration And Appeals Courts Nominees, Carl W. Tobias Jan 2001

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 ...


Divisional Arrangement For The Federal Appeals Courts, Carl W. Tobias Jan 2001

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 ...


Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman Jan 2001

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

All Faculty Scholarship

In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate ...


Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff Jan 2001

Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff

Articles

No abstract provided.


International Immunities: Some Dissident Views On The Role Of Municipal Courts, Charles H. Brower Ii Jan 2001

International Immunities: Some Dissident Views On The Role Of Municipal Courts, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.


Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch Jan 2001

Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Supreme Court Monitoring Of The United States Courts Of Appeals En Banc, Tracey E. George, Michael E. Solimine Jan 2001

Supreme Court Monitoring Of The United States Courts Of Appeals En Banc, Tracey E. George, Michael E. Solimine

Vanderbilt Law School Faculty Publications

This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the Rehnquist Court. Then, in a multivariate empirical analysis of a three-circuit subset of those cases, we control for other variables found to influence the Court's certiorari decision, such as Solicitor General or amicus curiae support for the certiorari petition, a dissent from the court of appeal's opinion, an outcome contrary to the Court's ideological composition, and an intercircuit conflict. The discussion ...


Court Fixing, Tracey E. George Jan 2001

Court Fixing, Tracey E. George

Vanderbilt Law School Faculty Publications

This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic experience on judges. Researchers have not focused much attention on the importance of a judge's background as a full-time law professor and legal scholar, although more than thirteen percent of courts of appeals appointees were former law professors. Franklin Roosevelt and Ronald Reagan both viewed the federal judiciary (particularly the Supreme Court and the Courts of Appeals) as integral to their policy agendas, and both further believed ...


Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser Jan 2001

Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser

Articles

Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater ...


Making Progress The Old-Fashioned Way, Stephen B. Burbank Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff Jan 2001

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Articles

No abstract provided.


Unocal Revisited: No Tiger In The Tank, Mark J. Loewenstein Jan 2001

Unocal Revisited: No Tiger In The Tank, Mark J. Loewenstein

Articles

No abstract provided.


Kathleen G. Arnovick, Valerie L. Cox, Henry B. Wansker V. Respondent : Brief Of Respondent, Utah Supreme Court Jan 2001

Kathleen G. Arnovick, Valerie L. Cox, Henry B. Wansker V. Respondent : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

On Appeal from the Findings of Fact and Final Determination of the Executive Committee of the Utah State Bar


Rhn Corporation, A Utah Corporation V. J. Alton Veibell And Willow Creek Water Company. C.C., A Utah Limited Liability Company: Reply Brief, Utah Supreme Court Jan 2001

Rhn Corporation, A Utah Corporation V. J. Alton Veibell And Willow Creek Water Company. C.C., A Utah Limited Liability Company: Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM A FINAL ORDER AND JUDGEMENT OF THE FIRST JUDICIAL DISTRICT COURT OF BOX ELDER, UTAH HONORABLE Judge Ben Hadfield DATE OF ORDER April 13, 2001 Case No. 980100719


Nationalized Political Discourse, Robert F. Nagel Jan 2001

Nationalized Political Discourse, Robert F. Nagel

Articles

No abstract provided.


Jury Selection Errors On Appeal, William T. Pizzi, Morris B. Hoffman Jan 2001

Jury Selection Errors On Appeal, William T. Pizzi, Morris B. Hoffman

Articles

No abstract provided.


Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser Jan 2001

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Articles

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law ...


State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman Jan 2001

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.