Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (89)
- Selected Works (77)
- SelectedWorks (57)
- American University Washington College of Law (48)
- Duke Law (43)
-
- Villanova University Charles Widger School of Law (41)
- University of Pennsylvania Carey Law School (40)
- Maurer School of Law: Indiana University (35)
- Northwestern Pritzker School of Law (35)
- Touro University Jacob D. Fuchsberg Law Center (33)
- West Virginia University (33)
- University of Colorado Law School (29)
- William & Mary Law School (26)
- Schulich School of Law, Dalhousie University (23)
- Chicago-Kent College of Law (20)
- Pepperdine University (19)
- Vanderbilt University Law School (19)
- New York Law School (16)
- Roger Williams University (15)
- University of San Diego (15)
- University of Georgia School of Law (14)
- University of Baltimore Law (12)
- Columbia Law School (11)
- Pace University (11)
- Singapore Management University (11)
- University of Missouri School of Law (11)
- University of the District of Columbia School of Law (10)
- University of Richmond (9)
- Cornell University Law School (8)
- Fordham Law School (8)
- Publication Year
- Publication
-
- ExpressO (85)
- Faculty Scholarship (79)
- All Faculty Scholarship (78)
- Articles in Law Reviews & Other Academic Journals (48)
- Villanova Law Review (37)
-
- West Virginia Law Review (32)
- Touro Law Review (31)
- Faculty Working Papers (30)
- Faculty Publications (26)
- Scholarly Works (21)
- Dalhousie Law Journal (19)
- Indiana Law Journal (17)
- Publications (17)
- Pepperdine Law Review (15)
- Articles by Maurer Faculty (12)
- Journal Articles (12)
- Research Collection Yong Pung How School Of Law (10)
- University of San Diego Public Law and Legal Theory Research Paper Series (10)
- Articles (9)
- Vanderbilt Law Review (8)
- Cornell Law Faculty Publications (7)
- Elisabeth Haub School of Law Faculty Publications (7)
- Life of the Law School (1993- ) (7)
- Vanderbilt Journal of Transnational Law (7)
- Law Faculty Publications (6)
- Indiana Journal of Global Legal Studies (5)
- Nancy S. Marder (5)
- Popular Media (5)
- Todd E. Pettys (5)
- William & Mary Law Review (5)
Articles 781 - 810 of 989
Full-Text Articles in Law
"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel
"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel
Touro Law Review
No abstract provided.
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
Publications
No abstract provided.
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.
Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56
Tributes & Testimonials
No abstract provided.
Peace Vs. Accountability In Bosnia, Anthony D'Amato
Peace Vs. Accountability In Bosnia, Anthony D'Amato
Faculty Working Papers
Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Publications
No abstract provided.
Predatory Pricing After Brooke Group: An Economic Perspective, Jonathan Baker
Predatory Pricing After Brooke Group: An Economic Perspective, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt
Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt
Touro Law Review
No abstract provided.
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
Touro Law Review
No abstract provided.
Supervisory Power Of The New York Courts, Bennett L. Gershman
Supervisory Power Of The New York Courts, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the role of supervisory power in the judicial culture of New York. In order to place supervisory power in a context, Part II outlines the emergence and decline of supervisory power in the federal system. Part III then traces the origin of supervisory power in New York to Cardozo's dictum in Lemon. Part IV explains how supervisory power is an aspect of the much broader inherent judicial power, which finds expression in the familiar common law decision-making process. Part V discusses three principal areas in which supervisory power has been exercised by New York courts since Cardozo: …
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
Touro Law Review
No abstract provided.
Character Evidence, James L. Kainen
French And American Judicial Opinions, Michael Wells
French And American Judicial Opinions, Michael Wells
Scholarly Works
In this Article, I examine the foundations of American judicial form, in particular the proposition that powerful instrumental considerations support the issuance of reasoned opinions. This project proceeds from the belief that the form of judicial opinions deserves serious scholarly attention despite the broad consensus about its value, because it frames the terms of debate on every issue courts confront. My analysis is built on the view that critical insights into the nature of one's own legal system can be gleaned only by "understand[ing] what [one's] system is not," a task that requires putting aside the internal perspective of a …
Legality, Standing And Substantive Review In Community Law, Paul Craig
Legality, Standing And Substantive Review In Community Law, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Distinctions Between The Public Records Exception To The Hearsay Rule In Federal And New York Practice, Randi M. Simanoff
Distinctions Between The Public Records Exception To The Hearsay Rule In Federal And New York Practice, Randi M. Simanoff
Touro Law Review
No abstract provided.
The Tribunal In Albania, John Paul Jones
The Tribunal In Albania, John Paul Jones
Law Faculty Publications
Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.
When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak
When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak
Faculty Scholarship
In the aftermath of Kaye, Scholer, Fierman, Hays & Handler's settlement with the government,1 two versions of the story have emerged. The most popular version features the government actors as villains-villains with new and lethal weapons at their disposal, willing to enforce law that has leapt full grown from their heads like Zeus' child, law of which the rest of the civilized world was unaware. The counterstory, less often told but not without adherents, casts the lawyers of Kaye, Scholer as the villains: unscrupulous and greedy lawyers ready to break any rule, defile any process, twist any truth on …
Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller
Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller
Library Staff Publications
No abstract provided.
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson
Maryland Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson
Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson
Faculty Scholarship
One essential component of equal justice under the law is a neutral and detached judge to preside over the court proceedings. Public confidence in the legal system is maintained when a judge has no interest in the parties, attorneys or subject matter of the litigation. Sua sponte or by motion of a party, a federal judge is subject to disqualification for conflicts of interest on both constitutional and statutory grounds
A Note To Our Readers, The Editors
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
Dalhousie Law Journal
Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Dalhousie Law Journal
Events often gain a momentum of their own, sometimes well beyond that anticipated by those who set them in motion; this is as true in the field of law as it is in other areas of human endeavour. MorguardInvestments Ltd. v. De Savoye' is a legal event which seems to be taking on a rapidly building momentum. Basing themselves on this decision, Canadian courts, especially those in British Columbia, are recognizing and enforcing judgments from other courts in civil matters, even when these judgments bear few, if any, of the hallmarks that traditionally entitled a foreign judgment to be recognized …
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Dalhousie Law Journal
The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
Scholarly Works
This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …
Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56
Dedication Of Plaque Honoring Judge Harold R. Medina, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Judicial Matters, Neal Devins
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Touro Law Review
No abstract provided.
Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna
Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna
Touro Law Review
No abstract provided.