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Articles 61 - 90 of 203
Full-Text Articles in Law
A Good Score?: Examining 20 Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst
A Good Score?: Examining 20 Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst
Kimberly Y.W. Holst
In 2009, we saw the passing of the twentieth anniversary of drug courts in the United States, this timing presents an opportune moment to review the state of drug courts in the United States and the development of drug courts internationally. While the United States has served as a model and a leader in the creation and development of drug courts, countries all over the world have tweaked the United States’ model and have altered the landscape in the structure and development of drug courts. Section II of this article briefly discusses the development and current status of drug courts …
Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson
Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray
From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray
Laura K. Ray
No abstract provided.
Because The Cart Situates The Horse: Unrecognized Movements Underlying The Indian Supreme Court’S Internalization Of International Environmental Law, Saptarishi Bandopadhyay
Because The Cart Situates The Horse: Unrecognized Movements Underlying The Indian Supreme Court’S Internalization Of International Environmental Law, Saptarishi Bandopadhyay
Saptarishi Bandopadhyay
The text that follows is intended to serve as an examination of the approaches and methods employed by the Indian Supreme Court in its effort to integrate international environmental norms such as the principle of Sustainable Development, the Precautionary Principle and the Polluter Pays Principle as part of the existing body of binding, municipal rules in India. Virtually all of Indian legal jurisprudence that speaks to this subject has been developed by the Supreme Court. Likewise, in no small part for this contribution, the Court has developed a reputation for being an activist institution that has since the mid 1980s …
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Faculty Works
In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction …
The Supreme Appointment: Visionaries Need Not Apply, Charles W. Rhodes
The Supreme Appointment: Visionaries Need Not Apply, Charles W. Rhodes
Charles W Rhodes
The recent announcement of Justice John Paul Stevens that he would retire at the end of the October 2009 Term has instigated the typical media frenzy of shortlists and speculation regarding the identity of the next nominee to the United States Supreme Court. Will President Barack Obama make a bold nomination of a liberal judicial visionary to battle Justices Scalia and Thomas? Will he nominate a political officeholder who will bring a new perspective on the role of the Court? Or will he follow the recent tradition of nominating a sitting federal appellate court judge with a prestigious academic and …
Changing The Rules Of The Game: Deriving New Rules And Practices From Caperton V. A.T. Massey Coal Co., Aman L. Mcleod
Changing The Rules Of The Game: Deriving New Rules And Practices From Caperton V. A.T. Massey Coal Co., Aman L. Mcleod
Aman L McLeod
In 2009, the United States Supreme Court decided the case of Caperton v. A.T. Massey Coal Co., in which it ruled that judges must recuse themselves in cases involving those who have provided a disproportionate amount of financial support to their campaigns. This decision has forced states to reconsider their campaign finance laws and their judicial recusal rules. This article proposes practical and modest reforms that states could adopt that would effectively respond to the Caperton decision.
Simplify, Simplify, Simplify – An Analysis Of Two Decades Of Judicial Review In The Veterans Benefits Adjudication System, Rory E. Riley
Simplify, Simplify, Simplify – An Analysis Of Two Decades Of Judicial Review In The Veterans Benefits Adjudication System, Rory E. Riley
Rory E. Riley
Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation" - meaning that the department was insulated from judicial review by statute. After the due process revolution of the 1960's and pressure from various veterans’ organizations after the Vietnam war, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This article argues that 20 years after the Veterans' Judicial Review Act was implemented, the system has become more …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisionmaking, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisionmaking, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated on the merits even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the Arbitration Fairness Act. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and provide reasoned decisions …
Empowering The Sentencing Commission: A Different Resolution To The Cocaine Sentencing Drama, Kip D. Nelson
Empowering The Sentencing Commission: A Different Resolution To The Cocaine Sentencing Drama, Kip D. Nelson
Kip D Nelson
No abstract provided.
The Rising Caseload In The Fourth Circuit: A Statistical And Institutional Analysis, David R. Stras, Shaun M. Pettigrew
The Rising Caseload In The Fourth Circuit: A Statistical And Institutional Analysis, David R. Stras, Shaun M. Pettigrew
South Carolina Law Review
No abstract provided.
George & Co., Llc V. Imagination Entertainment Ltd., Steven K. Hardy
George & Co., Llc V. Imagination Entertainment Ltd., Steven K. Hardy
South Carolina Law Review
No abstract provided.
Reading The Judicial Mind: Predicting The Courts' Reaction To The Use Of Neuroscientific Evidence For Lie Detection, Jennifer Chandler
Reading The Judicial Mind: Predicting The Courts' Reaction To The Use Of Neuroscientific Evidence For Lie Detection, Jennifer Chandler
Dalhousie Law Journal
How will the courts react to the emerging technology ofdetecting deception using neuroscientific methods such as neuro-imaging? The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned. The history of the judicial reaction to DNA evidence illustrates this pattern. As DNA evidence came to be seen as highlyreliable, the courts rapidly abandoned their concerns that juries would be overwhelmed by the "mystique of science" and that the justice system would be "dehumanized." The legaljustifications for rejecting polygraph evidence are explored in order …
Fcc V. Fox Television Stations, Inc. : Towards An Even More Deferential Judiciary?, Alan Moe
Fcc V. Fox Television Stations, Inc. : Towards An Even More Deferential Judiciary?, Alan Moe
Alan W Moe Jr
Censorship has always been a polemical area of constitutional law. The controversy is further amplified when administrative agencies deal with sensitive areas of constitutional liberties. In FCC v. Fox Television Stations, Inc., 129 S.Ct. 1800, 1807 (2009), the U.S. Supreme Court dealt with an important issue of constitutional law and its intersection with the standard of judicial review for administrative agencies’ actions. In this case, the Court upheld the Federal Communications Commission’s about-face on its relatively conservative approach to the censorship of broadcasts for reasons of indecency in 2004. The FCC applied against Fox Television Stations its new policy of …