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Articles 61 - 90 of 93
Full-Text Articles in Law
Merit V. Ideology, Michael J. Gerhardt
The Empty Promise Of Compassionate Conservatism: A Reply To Judge Wilkinson, William P. Marshall
The Empty Promise Of Compassionate Conservatism: A Reply To Judge Wilkinson, William P. Marshall
Faculty Publications
No abstract provided.
Constitutional Drift: Toward The End Of Federal Shop-Closing (Ladenschluss) Regulation, Craig T. Smith
Constitutional Drift: Toward The End Of Federal Shop-Closing (Ladenschluss) Regulation, Craig T. Smith
Faculty Publications
No abstract provided.
First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben
First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben
Faculty Publications
This article describes the context and current state of the law in this area under the Federal Arbitration Act (FAA), urges the Court to continue its path toward actual consent to arbitration, and suggests an approach for finally reconciling the tension between Prima Paint and First Options. Part II describes the nature and historical context of the arbitrability problem. Part III focuses specifically on the doctrine of separability, which is the most critical (and most complex) of these exceptions. Part IV discusses the impact on separability of recent U.S. Supreme Court case law, especially the 1995 decision in First Options …
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Judicial Selection As War, Michael J. Gerhardt
Judicial Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Special Division Agonistes, John Q. Barrett
Special Division Agonistes, John Q. Barrett
Faculty Publications
When the independent counsel law sank, the casualties included a special "division" of the United States Court of Appeals for the District of Columbia Circuit. This division was the special court that Congress had created "for the purpose of appointing independent counsels." The now-expired 1994 independent counsel statute had, like its three predecessors, directed the Chief Justice of the United States to appoint three judges from the Supreme Court and/or the federal Courts of Appeals to serve on the special court for two-year terms. This independent counsel court, which was located for administrative purposes in the United States Court of …
Supreme Court Selection As War, Michael J. Gerhardt
Supreme Court Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman
Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman
Faculty Publications
No abstract provided.
International Courts And American Courts, A. Mark Weisburd
International Courts And American Courts, A. Mark Weisburd
Faculty Publications
No abstract provided.
The Quiet Demise Of Deference To Custom: Malpractice Law At The Millenium, Philip G. Peters Jr.
The Quiet Demise Of Deference To Custom: Malpractice Law At The Millenium, Philip G. Peters Jr.
Faculty Publications
According to conventional wisdom, tort law allows physicians to set their own standard of care. While defendants in ordinary tort actions are expected to exercise reasonable care under the circumstances, physicians traditionally have needed only to conform to the customs of their peers. However, judicial deference to physician customs is eroding. Gradually, quietly and relentlessly, state courts are withdrawing this legal privilege. Already, a dozen states have expressly rejected deference to medical customs and another nine, although not directly addressing the role of custom, have rephrased their standard of care in terms of the reasonable physician, rather than compliance with …
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Faculty Publications
This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies
Federalization: A Critical Overview, William P. Marshall
Federalization: A Critical Overview, William P. Marshall
Faculty Publications
No abstract provided.
1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin
1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin
Faculty Publications
No abstract provided.
Alternative Penal Sanctions, Paul Marcus
Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.
Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Judicial Matters, Neal Devins
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall
Faculty Publications
No abstract provided.
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
Faculty Publications
No abstract provided.
Ripeness And The Constitution, Gene R. Nichol Jr.
Ripeness And The Constitution, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.
Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Faculty Publications
No abstract provided.
Unprecedential Analysis And Original Intent, William P. Marshall
Unprecedential Analysis And Original Intent, William P. Marshall
Faculty Publications
No abstract provided.
Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.
Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall
Faculty Publications
No abstract provided.
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Faculty Publications
No abstract provided.
Rethinking Standing, Gene R. Nichol Jr.
How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger
How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger
Faculty Publications
“Children’s rights” is a nebulous phrase subsuming two very different issues: the extent to which children can assert the same rights against the state as adults, and the extent to which the state can limit a parent’s power over his child. In cases involving the issue of children’s rights , the Supreme Court has defined those rights in a relatively restrictive fashion. On the one hand, the Supreme Court has recognized that children have constitutional rights independent of those enjoyed by their parents. On the other hand, it has frequently held those rights to be either less than those afforded …