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Full-Text Articles in Law
Newsroom: Kuckes On Discovery Ruling 7-7-2016, Sheri Qualters, Roger Williams University School Of Law
Newsroom: Kuckes On Discovery Ruling 7-7-2016, Sheri Qualters, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Submerged Precedent, Elizabeth Mccuskey
Submerged Precedent, Elizabeth Mccuskey
Faculty Scholarship
Numerous studies have pointed to the skewed picture of trial courts' workload, management, and disposition of cases that exists from examining Westlaw and Lexis opinions alone, akin to navigating the iceberg from its tip.4 But submerged precedent pushes docketology in an uncharted direction by identifying a mass of reasoned opinions-putative precedent and not mere evidence of decision-making-that exist only on dockets. Submerged precedent thus raises the specter that docket-based research may be necessary in some areas to ascertain an accurate picture of the law itself not just trial courts' administration of it.
The existence of a submerged body …
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether precedential uniformity requires a reinstatement of appeals; (2) whether failure to follow court rules is grounds for dismissing a civil appeal; and (3) whether failure to serve each attorney with a motion to dismiss is grounds for en banc reconsideration.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
'The Law Of The Circuit' Revisited: What Role For Majority Rule?, Arthur D. Hellman
'The Law Of The Circuit' Revisited: What Role For Majority Rule?, Arthur D. Hellman
Articles
In April 2017, the Fourth Circuit Court of Appeals announced that the full 15-judge court would convene to hear the challenge to President Trump’s executive order “to protect the Nation from terrorist activities by foreign nationals admitted to the United States.” This was a significant departure from the usual practice in the federal courts of appeals. Initial en banc hearing is extremely unusual, and rehearing en banc after a panel decision is almost as rare.
Ordinarily, two features define the ordinary course of adjudication in the federal courts of appeals. First, cases are heard and decided by panels of three …
Loud Rules, Wendy Gerwick Couture
The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel
The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.