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Articles 1 - 10 of 10

Full-Text Articles in Law

Policy Activism In The West Virginia Supreme Court Of Appeals, 1930-1985, John Patrick Hagan Sep 1986

Policy Activism In The West Virginia Supreme Court Of Appeals, 1930-1985, John Patrick Hagan

West Virginia Law Review

No abstract provided.


Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman Feb 1986

Book Review Of The Role Of Courts In American Society: The Final Report Of The Council On The Role Of Courts, Doug Rendleman

William & Mary Law Review

No abstract provided.


The Duty To Criticize The Courts (Ii), Roger J. Miner '56 Jan 1986

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.


The Role Of Courts In American Society, Richard S. Arnold Jan 1986

The Role Of Courts In American Society, Richard S. Arnold

Washington University Law Review

No abstract provided.


Racketeer Influenced And Corrupt Organizations (Rico)—Securities And Commercial Fraud As Racketeering Crime After Sedima: What Is A "Pattern Of Racketeering Activity"?, Barbara Black Jan 1986

Racketeer Influenced And Corrupt Organizations (Rico)—Securities And Commercial Fraud As Racketeering Crime After Sedima: What Is A "Pattern Of Racketeering Activity"?, Barbara Black

Faculty Articles and Other Publications

Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970 in order to stem the infiltration and corruption of legitimate businesses by organized crime. During the 1970's, civil litigants virtually ignored the statute, but in the 1980's the utility of RICO's civil provisions has come to be generally recognized. Attorneys representing the victims of securities and commercial fraud now routinely add a claim alleging a RICO violation. Ii It is the attractiveness of the remedy - the successful plaintiff's recovery of treble damages and attorney's fees - that has led to this ever increasing use ...


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.


Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley Jan 1986

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests ...


Attempting The Impossible: The Emerging Consensus, Ira Robbins Jan 1986

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective ...


Attempting The Impossible: The Emerging Consensus, Ira P. Robbins Dec 1985

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective ...