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Articles 1 - 30 of 110
Full-Text Articles in Law
The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James Thuo Gathii
The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James Thuo Gathii
Buffalo Law Review
No abstract provided.
Beyond Fantasy And Nightmare: A Portrait Of The Jury, Shari Seidman Diamond
Beyond Fantasy And Nightmare: A Portrait Of The Jury, Shari Seidman Diamond
Buffalo Law Review
No abstract provided.
Issue 1: Annual Survey 2006 Table Of Contents
Issue 1: Annual Survey 2006 Table Of Contents
University of Richmond Law Review
No abstract provided.
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
University of Richmond Law Review
No abstract provided.
The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Reassessing Charitable Immunity In Virginia, Carl Tobias
Reassessing Charitable Immunity In Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
The Glucksberg Renaissance: Substantive Due Process Since Lawrence V. Texas, Brian Hawkins
The Glucksberg Renaissance: Substantive Due Process Since Lawrence V. Texas, Brian Hawkins
Michigan Law Review
On their faces, Washington v. Glucksberg and Lawrence v. Texas seem to have little in common. In Glucksberg, the Supreme Court upheld a law prohibiting assisted suicide and rejected a claim that the Constitution protects a "right to die"; in Lawrence, the Court struck down a law prohibiting homosexual sodomy and embraced a claim that the Constitution protects homosexual persons' choices to engage in intimate relationships. Thus, in both subject matter and result, Lawrence and Glucksberg appear far apart. The Lawrence Court, however, faced a peculiar challenge in reaching its decision, and its response to that challenge brings …
Ebay V. Mercexchange As A Sign Of Things To Come: Is The Supreme Court Still Reluctant To Hear Patent Cases?, Peter O. Huang
Ebay V. Mercexchange As A Sign Of Things To Come: Is The Supreme Court Still Reluctant To Hear Patent Cases?, Peter O. Huang
The Journal of Appellate Practice and Process
No abstract provided.
Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross
Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross
The Journal of Appellate Practice and Process
No abstract provided.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
Vanderbilt Law Review
In the debate over how federal courts should interpret federal statutes, "faithful agent" theories stand pitted against "dynamic" theories of statutory interpretation. The following questions lie at the heart of the debate: Is the proper role of federal courts to strive to implement the commands of the legislature-in other words, to act as Congress's faithful agents? Or, is the proper role of federal courts to act as partners with Congress in the forward-looking making of federal law-in other words, to interpret statutes dynamically? Proponents of faithful agent theories include both "textualists" and "purposivists." Textualists have argued that federal courts best …
The War Powers Outside The Courts, William Michael Treanor
The War Powers Outside The Courts, William Michael Treanor
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek
The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek
Indiana Law Journal
No abstract provided.
The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene
The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene
Indiana Law Journal
No abstract provided.
There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow
There's No "I" In "League": Professional Sports Leagues And The Single Entity Defense, Nathaniel Grow
Michigan Law Review
This Note argues that outside of labor disputes, sports leagues should be presumed to be single entities. Part I argues that professional sports leagues are single entities in disputes regarding league-wide, non-labor policy. In particular, the focus of the Supreme Court's jurisprudence on economic reality rather than organizational form necessitates a finding that professional sports leagues are single entities in non-labor disputes. Part II argues that professional sports leagues are not single entities for purposes of labor disputes; sports leagues, on the whole, do not involve a unity of interest for labor matters. More importantly, existing precedent outside of the …
The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi
The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi
Buffalo Public Interest Law Journal
No abstract provided.
But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright
Nevada Law Journal
No abstract provided.
Why Health Courts Are Unconstitutional, Amy Widman
Why Health Courts Are Unconstitutional, Amy Widman
Pace Law Review
No abstract provided.
Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas
Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas
BYU Law Review
No abstract provided.
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
Robert C. Byrd And The Fourth Circuit Court Of Appeals: An Addendum Respecting Judge Robert Bruce King, M. Blane Michael
West Virginia Law Review
No abstract provided.
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
West Virginia Law Review
No abstract provided.
Judicial Review And The "Hard Look" Doctrine, Patrick M. Garry
Judicial Review And The "Hard Look" Doctrine, Patrick M. Garry
Nevada Law Journal
No abstract provided.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Michigan Law Review
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege-Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel of the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Osgoode Hall Law Journal
It can be argued that the exercise of solo dissent on the Supreme Court of Canada is judicial disagreement at its apex-a single judge sitting on the highest court in the nation breaking away from his or her colleagues who have purportedly "gotten it wrong." By examining the practice of solo dissent in the Supreme Court of Canada over the last three decades, this research note provides insight into this unique form of judicial disagreement. Through construction of a typology of solo dissents, and by providing answers to important questions, such as how often judges render solo dissents and whether …
Avoiding Absurdity, Glen Staszewski
Avoiding Absurdity, Glen Staszewski
Indiana Law Journal
American courts have always interpreted statutes contrary to their plain meaning to avoid absurd results. John Manning, a prominent new textualist scholar, has recently challenged the legitimacy of the "absurdity doctrine" on the grounds that it cannot be justified by legislative intent or squared with principles of constitutional law. His critique relies, however, upon deeply contested economic theories of the legislative process and constitutional structure that view lawmaking as a market in which self-interested participants compete for resources.
This Article provides a comprehensive theoretical defense of the absurdity doctrine that relies instead upon significant aspects of civic republican theory, as …
Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller
Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller
The University of New Hampshire Law Review
[Excerpt] "This article will examine recent interactions and dialogues between the Supreme Judicial Court of Massachusetts (“SJC” or “Supreme Judicial Court”) and the Massachusetts State Legislature. The interactions between courts and legislatures are often cordial, but sometimes these interactions are also highly conflictual. During the 1980s and 1990s, the relationship between the Massachusetts legislature and the Supreme Court was indeed mainly cooperative. Recently, however, in several high profile cases the Supreme Court has been willing to challenge directly the decisions of the legislature and vice versa. Among other controversies, the Court’s 2002 decision requiring that the state legislature fund the …
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio
Washington and Lee Law Review
No abstract provided.
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
San Diego International Law Journal
This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …
Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward
San Diego International Law Journal
The United States participation in treaties and other international agreements is becoming more necessary and an increasingly prevalent occurrence as a result of globalization. The rapid pace of technological innovation and more effective means of transportation have caused our world to shrink, making countries even more interconnected. The corresponding explosion of international business and commercial transactions has resulted in high levels of risk and uncertainty due to a complex mix of laws, monetary factors, politics and cultures that vary across countries. For global players, it has become essential to have international agreements that can mitigate the risks inherent in international …
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
University of Richmond Law Review
No abstract provided.
Contents: Allen Chair Symposium-State Of The Chesapeake Bay In The Twenty-First Century
Contents: Allen Chair Symposium-State Of The Chesapeake Bay In The Twenty-First Century
University of Richmond Law Review
No abstract provided.