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Articles 1 - 30 of 205
Full-Text Articles in Law
Teacher’S Manual To Accompany Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado
Teacher’S Manual To Accompany Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado
Richard Delgado
No abstract provided.
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …
Ties In The Supreme Court Of The United States, Edward A. Hartnett
Ties In The Supreme Court Of The United States, Edward A. Hartnett
William & Mary Law Review
No abstract provided.
Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi
Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi
Federal Communications Law Journal
One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence of …
Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray
Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray
BYU Law Review
No abstract provided.
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
William & Mary Law Review
No abstract provided.
A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon
A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon
The Journal of Appellate Practice and Process
No abstract provided.
From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky
From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky
The Journal of Appellate Practice and Process
No abstract provided.
Expanded Rights Through State Law: The United States Supreme Court Shows State Courts The Way, Robert L. Brown
Expanded Rights Through State Law: The United States Supreme Court Shows State Courts The Way, Robert L. Brown
The Journal of Appellate Practice and Process
No abstract provided.
Securities Regulation—Fraud—Rule 10b-5 No Longer Scares The Judiciary, But May Scare Corporate Defendants: The United States Supreme Court Switches Directions. Wharf (Holdings) Ltd. V. United International Holdings, Inc., 532 U.S. 588 (2001)., Bhavik R. Patel
University of Arkansas at Little Rock Law Review
No abstract provided.
Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser
Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser
Cornell Law Faculty Publications
Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell
Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell
Publications
The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the …
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
Faculty Scholarship
No abstract provided.
Court Review: Volume 39, Issue 3 - Cover
Court Review: Volume 39, Issue 3 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow
Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow
Court Review: The Journal of the American Judges Association
Have you ever attended a settlement conference and come away thinking the case was settled, only to later find out that your adversary has a different understanding of the settlement terms than you and your client? This is a frustrating experience, but is completely unnecessary. Careful lawyers and judges prevent such confusion by ironing out the details of a settlement at the time an agreement is reached. Leaving specific settlement terms unresolved to a later date may result in an unenforceable settlement or possible litigation to enforce the settlement. Settlement conferences play an important role in the resolution of litigated …
Court Review: Volume 39, Issue 3 - Table Of Contents
Court Review: Volume 39, Issue 3 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Court Review: The Journal of the American Judges Association
The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there …
Court Review: Volume 39, Issue 3 - Editor's Note
Court Review: Volume 39, Issue 3 - Editor's Note
Court Review: The Journal of the American Judges Association
The issue begins with an examination of the development of drug courts, the most highly visible of the many “problem-solving courts” developed in recent years. The first drug court was created little more than a decade ago in 1989; today, there are more than 1,200. No doubt there have been many lessons learned along the way, and we try to find—and explore— those lessons in the lead piece in this issue.
Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.
Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.
Court Review: The Journal of the American Judges Association
Since assuming the presidency in Maui last September, I have been invited to attend numerous meetings of other organizations. The AJA reciprocates by inviting the president of these organizations to attend our meetings. This interaction between the AJA and these organizations provides for a closer working relationship between the respective memberships. Listed below are some of the meetings I have attended and a brief description of what occurred at these conferences.
Court Review: Volume 39, Issue 3 - Resource Page
Court Review: Volume 39, Issue 3 - Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman
Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman
Court Review: The Journal of the American Judges Association
Drug courts are the most prominent example of a wave of “problem-solving” innovation that has sought to change the way courts operate in this country. Alongside drug courts, domestic violence courts, community courts, family treatment courts, mental health courts, and other specialized courts are using the authority of the judicial branch in new ways—in an effort to improve outcomes for victims, communities, and defendants. These problem-solving courts employ new tools and new methods— such as requiring defendants to appear regularly before judges to report on their compliance with court orders, or adding social scientists, drug treatment counselors, and other service …
Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil
Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil
Court Review: The Journal of the American Judges Association
In the November 2000 election, the citizens of Florida had the opportunity to switch from the nonpartisan elective system to a merit selection and retention system for selecting trial judges in their respective circuits and counties. Although the majority of Florida voters favored electing their trial judges, this issue has spurred intense debate in the legal community concerning which is the better method for judicial selection. The crux of the debate centers on whether the judiciary should be independent or accountable to the public. On one end of the spectrum, judges are seen as heads of a branch of government …
Court Review: Volume 39, Issue 3 - Complete Issue
Court Review: Volume 39, Issue 3 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
Washington and Lee Law Review
No abstract provided.
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Washington and Lee Law Review
No abstract provided.
Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams
Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams
Washington and Lee Law Review
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Washington and Lee Law Review
No abstract provided.
Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen
Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen
Washington and Lee Law Review
No abstract provided.
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown
Washington and Lee Law Review
No abstract provided.