Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Courts

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 380

Full-Text Articles in Law

Iranian Islamic Banking, Ehsan Zarrokh Oct 2012

Iranian Islamic Banking, Ehsan Zarrokh

Ehsan zarrokh

Islamic finance is an old concept but a very young discipline in the academic sense. It lacks the required extent and level of theories and models needed for expansion and implementation of the framework provided by Islam. In these circumstances, unawareness and confusion exist as to the form of the Islamic financial system and instruments. The main difference between the present economic system and the Islamic economic system is that the later is based on keeping in view certain social objectives for the benefit of human beings and society. Islam, through its various principles, guides human life and ensures free ...


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Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh Dec 2010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


Informing The 1958 New York Convention, Mary Ayad Nov 2010

Informing The 1958 New York Convention, Mary Ayad

Dr Mary B Ayad PhD

Reforms or amendments to the 1958 Convention are not feasible, therefore this paper argues why a harmonised international commercial and international investment arbitration law code is necessary. Cases will be given from the Middle East to demonstrate the lacunae and contradictions in national law with countries ratifying the Convention.


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.


State Intervention, Conflicts And Harmonised Commercial Arbitration Law Code, Mary Ayad Nov 2010

State Intervention, Conflicts And Harmonised Commercial Arbitration Law Code, Mary Ayad

Dr Mary B Ayad PhD

The thesis of this paper is that a harmonised International Commercial Arbitration Law Code (HICALC), governing MENA- FI and Oil Concession Contracts between Middle Eastern Governments and foreign investors would resolve serious conflicts. The additional question of State intervention in trade is implicated here when States prevent the enforcements of Arbitral Awards or encroach on Arbitral Tribunal jurisdiction. A HICALC can resolve the weaknesses inherent in these laws when dealing with MENA-FI and Oil Concessions. This paper will demonstrate how, by drafting a HICALC that integrates general principles of law from civil, common and sharia law, the central problem facing ...


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

The Pragmatic Incrementalism Of Common Law Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

‘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 ...


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.


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


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 ...


Forensic Science In Court: Challenges In The Twenty First Century (Issues In Crime And Justice), Hon. Donald Shelton Oct 2010

Forensic Science In Court: Challenges In The Twenty First Century (Issues In Crime And Justice), Hon. Donald Shelton

Hon. Donald E. Shelton

Forensic Science in Court explores the legal implications of forensic science—an increasingly important and complex part of the justice system. Judge Donald Shelton provides an accessible overview of the legal aissues, from the history of evidence in court, to "gatekeeper" judges determining what evidence can be allowed, to the "CSI effect" in juries. The book describes and evaluates various kinds of evidence, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, and bloodstain evidence. Assessing the strengths and limitations of each kind of evidence, the author also discusses how they can contribute ...


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 ...


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 ...


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 ...


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 ...


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.


Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, The, Alan F. Williams Oct 2010

Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, The, Alan F. Williams

University of Michigan Journal of Law Reform

A series of high-profile cases involving the alleged murders of Iraqi civilians by U.S. contractors operating overseas has highlighted the longstanding problem of how best to address crimes committed overseas by civilian employees, dependents, or contractors of the U.S. government. Among the most notorious of these incidents is the alleged killing of seventeen Iraqi civilians in Nisour Square in Baghdad on September 16, 2007 by employees of Blackwater Worldwide, a private corporation specializing in military operations that has subsequently renamed itself "Xe."2News reports of this incident prompted embarrassment and outrage as many Americans learned that U.S ...


Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn Oct 2010

Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn

University of Michigan Journal of Law Reform

Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework ...


Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan Oct 2010

Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan

University of Michigan Journal of Law Reform

Federal trademark law exempts certain communicative uses of a trademark from liability so that the public can freely use a trademark to comment on the markowner or to describe its products. These exemptions for "speech-interests" are badly flawed because their scope is inconsistent between infringement and dilution law, and because the cost and difficulty of claiming their protection varies significantly from court to court. Many speech-interests remain vulnerable to the chilling threat of litigation even though they are "protected" by current law. This Note proposes a simple statutory reform that will remedy this inconsistency by creating an express safe harbor ...


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 ...


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.