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2010

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Articles 1 - 30 of 368

Full-Text Articles in Law

Aplicación De La Ley De Defensa Del Consumidor Para La Restitución Colectiva De Sumas Indebidamente Percibidas De Los Consumidores, Gabriel Martinez Medrano Dec 2010

Aplicación De La Ley De Defensa Del Consumidor Para La Restitución Colectiva De Sumas Indebidamente Percibidas De Los Consumidores, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.


Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute Dec 2010

Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute

Supreme Court Overviews

No abstract provided.


Justice Souter And The Civil Rules, Scott Dodson Dec 2010

Justice Souter And The Civil Rules, Scott Dodson

Faculty Publications

Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. And what it finds is a justice deeply committed to the fair treatment of the ...


Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh Dec 2010

Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh

Research Collection School Of Law

Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to ...


Law Clerks Out Of Context, Parker B. Potter Jr. Dec 2010

Law Clerks Out Of Context, Parker B. Potter Jr.

University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the ...


Judicial Case Management: Caught In The Crossfire, Steven S. Gensler Nov 2010

Judicial Case Management: Caught In The Crossfire, Steven S. Gensler

Steven S. Gensler

No abstract provided.


Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith Bybee, Heather Pincock Nov 2010

Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith Bybee, Heather Pincock

Keith J. Bybee

Sociolegal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side” perspective. Focusing on the state’s efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state’s services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue ...


The Supreme Court’S Rationale In Capital Cases: A One Way Street?, Kimberly Bliss Nov 2010

The Supreme Court’S Rationale In Capital Cases: A One Way Street?, Kimberly Bliss

Pace Law Review

No abstract provided.


Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Nov 2010

Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Análisis Económico De La Intervención Judicial En Los Contratos ¿Una Cuestión De Justicia?, Daniel Monroy Nov 2010

Análisis Económico De La Intervención Judicial En Los Contratos ¿Una Cuestión De Justicia?, Daniel Monroy

Daniel A Monroy C

Desde la perspectiva del AED, una de las funciones principales del derecho de contratos, sobre la cual diferentes autores hacen mayor énfasis, es la relacionada con la “disuasión del oportunismo”; en igual sentido, otra de las funciones del derecho de contratos es la relativa a la “interpolación eficiente de términos contractuales”. Dichas funciones suelen explicar buena parte de la regulación en materia de contratos, además de justificar la intervención judicial. Por otro lado, algunos autores nos llevan a considerar que propugnar exclusivamente por la libertad y la autonomía contractual, puede llevarnos a garantizar que los contratos, además de ser mecanismos ...


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Replacing Context For Plain Meaning In United States V. Cox Nov 2010

Replacing Context For Plain Meaning In United States V. Cox

BYU Law Review

No abstract provided.


The Pragmatic Incrementalism Of Common Law Intellectual Property, Shyamkrishna Balganesh Nov 2010

The Pragmatic Incrementalism Of Common Law Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

‘Common law intellectual property’ refers to a set of judge-made legal regimes that create exclusionary entitlements in different kinds of intangibles. Principally the creation of courts, many of these regimes are older than their statutory counterparts and continue to co-exist with them. Surprisingly though, intellectual property scholarship has paid scant attention to the nuanced law-making mechanisms and techniques that these regimes employ to navigate through several of intellectual property law’s substantive and structural problems. Common law intellectual property regimes employ a process of rule development that this Article calls ‘pragmatic incrementalism’. It involves the use of pragmatic and minimalist ...


Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto Oct 2010

Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Foreign Investment Catalogues And Investment Environment In China, Tao Liang Oct 2010

Foreign Investment Catalogues And Investment Environment In China, Tao Liang

Tao (Tim) LIANG

On 23 December 2008, the National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) of People’s Republic of China jointly issued Catalogue of Foreign Investment Advantageous Industries in Central and Western China (“Central and Western Catalogue”), which became effective on 1 January 2009. This marks the second revision to the Central and Western Catalogue since its first promulgation in 2000 (the previous revision occurred in 2004). The Central and Western Catalogue was issued to supplement the Foreign Investment Industrial Guidance Catalogue (“Guidance Catalogue”) which was jointly revised by NDRC and MOFCOM on 31 October 2007 and became ...


Compliance Requirements For Chinese Automobile Market Players, Tao Liang Oct 2010

Compliance Requirements For Chinese Automobile Market Players, Tao Liang

Tao (Tim) LIANG

Since November 2009, China has passed the United States to become the biggest automobile market in the world. At the same time, China has also surpassed Japan as the largest automobile manufacturer around the world with an annual manufacture capacity of 13.759 million automobiles. In consideration of the importance of the Chinese automobile market, several international automobile giants, including Volkswagen, Toyota, GM, Chrysler, Ford and so on, are injecting more and more capitals, technology and other kind of resources into Chinese market in order to seize a bigger market share within China to leverage their business performance on a ...


A Sword And A Shield: The Uses Of Law In The Bush Administration, Mary L. Dudziak Oct 2010

A Sword And A Shield: The Uses Of Law In The Bush Administration, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

The Bush administration has been criticized for departures from the rule of law, but within the administration law was not ignored. Instead it was seen variously as a tool and as a potential threat to the operation of the executive branch. Two narratives compete for attention. In an era when the legality of torture was openly debated, the deployment of law in wartime seemed the most immediate issue. At the same time, however, a decades-long conservative movement to change American law was both significantly furthered and complicated, as Supreme Court appointments moved the Court to the right, but the lack ...


A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt Oct 2010

A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt

Golden Gate University Law Review

This Comment is divided into seven parts. Part I provides an overview of the current practice concerning citation of unpublished opinions, including a look at how unpublished opinions came into existence, the types of opinions currently published, and the courts' reasoning for limiting citation of unpublished opinions. Part II describes the variations on precedential value an opinion could receive and describes the no-citation rules by circuit. Part III discusses the debate between the Eighth and the Ninth Circuits - the two most vocal circuits on the issue of citability. Part IV deconstructs the reasoning behind no-citation rules. Part V examines the ...


Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma Oct 2010

Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma

Michigan Law Review First Impressions

John P. Bringewatt's recent note makes several important observations about the Supreme Court's opinion in Snyder v. Louisiana. Although he provides reasonable support for the claim that Snyder represents a sea change in Batson jurisprudence, the US Supreme Court's fresh opinion in Thaler v. Haynes (rendered on February 22, 2010) reads the Snyder majority opinion narrowly and suggests the possibility that Snyder is not as potent as it should be. The Haynes per curiam's guarded reading of Snyder signals the need for courts to continue to conduct the bird's-eye cumulative analysis that the Court performed ...


Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee Oct 2010

Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee

North Carolina Central Law Review

No abstract provided.


Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich Oct 2010

Uniformity, Inferiority, And The Law Of The Circuit Doctrine, Martha Dragich

Faculty Publications

This Article considers whether Congress or the Supreme Court could reverse the law of the circuit doctrine. Part I explores the importance of uniformity in federal law. Part II considers the extent to which a desire for uniformity has shaped the structure of the federal court system. Part III considers how the evolution of the courts of appeals as independent regional adjudicatory bodies affects the uniformity objective. Part IV examines the attributes of superior and inferior courts, and applies these criteria to the current courts of appeals. Part V examines the tension between uniformity and inferiority as determinants of the ...


Reinventing The Eeoc, Nancy M. Modesitt Oct 2010

Reinventing The Eeoc, Nancy M. Modesitt

All Faculty Scholarship

The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes ...


Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry Oct 2010

Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry

Michigan Journal of International Law

In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter ...


Further Empirical Insights And Findings On The Eighth Circuit, Robert E. Steinbuch Oct 2010

Further Empirical Insights And Findings On The Eighth Circuit, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros Oct 2010

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros

Indiana Law Journal

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that ...


Designing Bespoke Transitional Justice: A Pluralist Process Approach, Jaya Ramji-Nogales Oct 2010

Designing Bespoke Transitional Justice: A Pluralist Process Approach, Jaya Ramji-Nogales

Michigan Journal of International Law

Although many scholars agree that contemporary transitional justice mechanisms are flawed, a comprehensive and unified alternative approach to accountability for mass violence has yet to be propounded. Like many international lawyers, transitional justice theorists have focused their assessment efforts on the successes and failures of established institutions. This Article argues that before we can measure whether transitional justice is working, we must begin with a theory of what it is trying to achieve. Once we have a coherent theory, we must use it ex ante, to design effective transitional justice mechanisms, not just to assess their effectiveness ex post. Drawing ...


That Ain't Kosher, Robert Steinbuch, Brett Tolman Oct 2010

That Ain't Kosher, Robert Steinbuch, Brett Tolman

University of Arkansas at Little Rock Law Review

No abstract provided.


Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro Oct 2010

Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro

William & Mary Bill of Rights Journal

In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have ...


New Pleading, New Discovery, Scott Dodson Oct 2010

New Pleading, New Discovery, Scott Dodson

Faculty Publications

Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is ...


Frames Of Injustice: The Bias We Overlook, Adam Benforado Oct 2010

Frames Of Injustice: The Bias We Overlook, Adam Benforado

Indiana Law Journal

The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the ...