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Articles 61 - 90 of 93

Full-Text Articles in Law

Merit V. Ideology, Michael J. Gerhardt Jan 2005

Merit V. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Empty Promise Of Compassionate Conservatism: A Reply To Judge Wilkinson, William P. Marshall Jan 2004

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 Jan 2004

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 Apr 2003

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 Jan 2003

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 Jan 2003

Judicial Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Special Division Agonistes, John Q. Barrett Jan 2002

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 Jan 2002

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 Jan 2001

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 Jan 2000

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. Jan 2000

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 Jan 1998

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 Jan 1996

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 Jan 1995

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 Jan 1995

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 Jan 1994

Alternative Penal Sanctions, Paul Marcus

Faculty Publications

No abstract provided.


Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr. Jan 1993

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. Jan 1992

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Judicial Matters, Neal Devins Jan 1992

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.


The Eleventh Amendment, Process Federalism And The Clear Statement Rule, William P. Marshall Jan 1990

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 Jan 1988

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. Jan 1987

Ripeness And The Constitution, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Federalism, State Courts, And Section 1983, Gene R. Nichol Jr. Jan 1987

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 Jan 1987

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 Jan 1986

Unprecedential Analysis And Original Intent, William P. Marshall

Faculty Publications

No abstract provided.


Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr. Jan 1986

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 Jan 1985

The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall

Faculty Publications

No abstract provided.


Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd Jan 1985

Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd

Faculty Publications

No abstract provided.


Rethinking Standing, Gene R. Nichol Jr. Jan 1984

Rethinking Standing, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


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 Jan 1983

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 …