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Articles 1 - 9 of 9

Full-Text Articles in Law

Real Estate Brokers: Shouldering New Burdens, Ronald B. Brown, Joseph M. Grohman May 1997

Real Estate Brokers: Shouldering New Burdens, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Who's Afraid Of Henry Hart?, Michael Wells Apr 1997

Who's Afraid Of Henry Hart?, Michael Wells

Scholarly Works

No law book has enjoyed greater acclaim from distinguished commentators over a sustained period than has Hart & Wechsler's The Federal Courts and the Federal System. Indeed, the praise seems to escalate from one edition to the next. Reviewing the first edition, published forty-three years ago, Philip Kurland called it "the definitive text on the subject of federal jurisdiction." Paul Mishkin added that "the analysis is of an order difficult to match anywhere." In his review of the second edition, published in 1973, Henry Monaghan began by praising the first for having "deservedly achieved a reputation that is extraordinary among …


Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen Feb 1997

Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen

Law Faculty Scholarly Articles

Analysis of several post-Chevron cases indicates that every major Supreme Court case since 1984 involving the validity of a Treasury regulation is consistent with Chevron. Indeed, since 1984 every challenged Treasury regulation interpreting a statute in which Congress failed to address a specific tax issue has been upheld by the Court. In fact, no Supreme Court case since 1984 could be discovered in which the Court invalidated a Treasury regulation on the grounds that it was an unreasonable interpretation of a statute. Several post-Chevron Supreme

Court decisions, however, rejected the Treasury's application of a tax regulation to …


Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder Feb 1997

Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller Jan 1997

Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller

Library Staff Publications

No abstract provided.


Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer Jan 1997

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

All Faculty Scholarship

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …


Introduction, Paul F. Campos Jan 1997

Introduction, Paul F. Campos

Publications

No abstract provided.


Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris Jan 1997

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris

Faculty Scholarship

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to …