Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (9)
- Criminal Procedure (8)
- Dispute Resolution and Arbitration (8)
- Courts (5)
- Antitrust and Trade Regulation (4)
-
- Litigation (3)
- Property Law and Real Estate (3)
- Bankruptcy Law (2)
- Health Law and Policy (2)
- Jurisdiction (2)
- Legal Education (2)
- Religion Law (2)
- State and Local Government Law (2)
- Air and Space Law (1)
- Business Organizations Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Early Childhood Education (1)
- Education (1)
- Election Law (1)
- Environmental Law (1)
- Estates and Trusts (1)
- Evidence (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- Internet Law (1)
- Labor and Employment Law (1)
- Keyword
-
- Dispute resolution (7)
- Sentencing (7)
- Criminal law (6)
- United States Sentencing Commission (6)
- Crime (5)
-
- Sentencing commission (5)
- Sentencing guidelines (4)
- Antitrust (3)
- Courts (3)
- Federal Sentencing Guidelines (3)
- Federal sentencing (3)
- Federal sentencing guidelines (3)
- Litigation (3)
- Privacy (3)
- Punishment (3)
- Arbitration (2)
- BAPCPA (2)
- Bankruptcy (2)
- Confidentiality (2)
- Constitution (2)
- Economic crime (2)
- Education (2)
- Federal criminal law (2)
- Fraud (2)
- Law school (2)
- Law school rankings (2)
- Model sentencing guidelines (2)
- Obstruction of justice (2)
- Ranking (2)
- Religion (2)
Articles 31 - 41 of 41
Full-Text Articles in Law
Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff
Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff
Faculty Publications
In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …
Insufficient Causes, David A. Fischer
Insufficient Causes, David A. Fischer
Faculty Publications
This article analyzes a difficult causation question. If a force is not independently sufficient to bring about an injury, under what circumstances should a court find the force to be a cause of the injury? The question has practical importance. It frequently arises in litigation involving toxic torts and products liability failure to warn. The article includes a critique of the NESS test of causation as it pertains to this issue. This article explores this weakness of the NESS test in the context of insufficient causes, and offers important new insights with respect to the limitations of the NESS test. …
Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron
Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron
Faculty Publications
This Symposium is an outgrowth of our Moneyball article. With the approaching twentieth anniversary of the first U.S. News law school rankings, it is a particularly propitious time to take a fresh look, to hear new voices, and to reconsider issues surrounding law school rankings. Many of America's most thoughtful law professors (as well as academics in other disciplines) gathered on April 15, 2005 at the Indiana University School of Law--Bloomington to discuss “The Next Generation of Law School Rankings.” Many of the participants previously have written about law school rankings, but others have not--all are poets, and many have …
Tweaking Antitrust's Business Model , Thom Lambert
Tweaking Antitrust's Business Model , Thom Lambert
Faculty Publications
This essay evaluates Hovenkamp's suggestions, concluding that most are sound, that a few might be slightly revised to enhance their effectiveness or administrability, and that a couple are downright unwise. In particular, the essay criticizes Hovenkamp's call for abandonment of the indirect purchaser rule and his proposed test for identifying exclusionary conduct under Section 2 of the Sherman Act.
The 'Failure To Mitigate' Defense In Antitrust, Thom Lambert
The 'Failure To Mitigate' Defense In Antitrust, Thom Lambert
Faculty Publications
The article begins with the premise that any failure to mitigate defense should aim to minimize the sum of three costs: the costs associated with inefficient behavior by defendants, the costs associated with inefficient behavior by plaintiffs, and the administrative costs of claim adjudication. If cost minimization is the goal, then whether a failure to mitigate defense exists, and the content of the antitrust plaintiff’s mitigation requirement, should differ depending on the type of damages the plaintiff is seeking to recover. The bulk of this article discusses how the defense should apply to different damages claims.The article proceeds as follows: …
Weyerhaeuser And The Search For Antitrust's Holy Grail, Thom Lambert
Weyerhaeuser And The Search For Antitrust's Holy Grail, Thom Lambert
Faculty Publications
A general definition of exclusionary conduct has become a sort of Holy Grail for antitrust scholars. At present, four proposed definitions appear most promising: (1) conduct that could exclude an equally efficient rival; (2) conduct that raises rivals' costs unjustifiably; (3) conduct that, on balance, impairs consumer welfare by creating market power without providing countervailing consumer benefits; and (4) conduct that makes no economic sense but for its exclusionary effect on rivals.
How Much Justice Can We Afford?: Defining The Courts' Roles And Deciding The Appropriate Number Of Trials, Settlement Signals, And Other Elements Needed To Administer Justice, John M. Lande
Faculty Publications
This article discusses how the U.S. court system can function optimally given declining trial rates and the limited resources available. The question of how much justice we can afford is a challenge that becomes more difficult as budgets fall behind the increasing demand for and cost of court services. Presumably most analysts would agree that courts should try cases when appropriate - and help litigants find just resolutions without trial when it is not needed. The courts' ability to provide trials in some cases is possible only if the vast majority of other cases are not tried.This article provides background …
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S. I. Strong
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S. I. Strong
Faculty Publications
Britain's Lord Denning once said that “as a moth is drawn to the light, so is a litigant drawn to the United States.” Certainly, as a pro-arbitration state and a signatory to various international conventions concerning the enforcement of foreign arbitral awards, the United States seems a natural place to bring an action to enforce an arbitral award against a foreign state or state agency. However, suing a sovereign has not traditionally been a simple task in the United States or elsewhere. Most nations grant foreign states the presumption of immunity, thus denying that their domestic courts have jurisdiction to …
Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz
Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz
Faculty Publications
Arbitration is private but not secret. This truism regarding arbitration seems contradictory and nonsensical. However, common understandings of privacy in arbitration often lull individuals into assuming personal information revealed in arbitration may not become public. They assume privacy and confidentiality are synonymous. The reality is that arbitration is private but not necessarily confidential, or secret. This is the privacy paradox: it defies common conceptions of arbitration's secrecy, but is nonetheless true. This paradox is problematic because it leads to shortsighted contracting and simplistic assumptions about arbitral justice. Moreover, it may foster injustice when repeat players unduly benefit from unpublished awards …
The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii
The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii
Faculty Publications
This Article is the ninth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines.
The Democratic Legitimacy Of Government-Related Dispute Resolution, Richard C. Reuben
The Democratic Legitimacy Of Government-Related Dispute Resolution, Richard C. Reuben
Faculty Publications
The elective branches get most of the attention when we think about democracy. But it's important to remember that one of the things that a democratic government provides is a number of structures by which disputes may be resolved peacefully. Indeed, voting itself is one way of resolving conflict at a societal level. In the United States, courts historically have been the starting point for the resolution of individual, and sometimes social, disputes. Courts would seem to exude a great deal of democratic legitimacy, but why, and under what conditions? And what about other methods of dispute resolution: How do …