Law Commons^™

Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte

Harry L Witte

No abstract provided.

Busting The Hart & Wechsler Paradigm, Michael L. Wells

Scholarly Works

Federal Courts law was once a vibrant area of scholarship and an essential course for intellectually ambitious students. Now its prestige has diminished so much that scholars debate its future in a recent issue of the Vanderbilt Law Review, where even one of its champions calls it (albeit in the subjunctive mood) a “scholarly backwater.” What, if anything, went wrong, and what should Federal Courts scholars do about it? In his contribution to the Vanderbilt symposium, Richard Fallon defends the reigning model of Federal Courts law, an approach to jurisdictional issues that dates from the publication in 1953 of Henry …

United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks

Fordham Law Review

No abstract provided.

Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Criminal Law, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Grand Jury

Touro Law Review

No abstract provided.

Justice Stephen Breyer: Purveyor Of Common Sense In Many Forums, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel

Touro Law Review

No abstract provided.

Dunwody Distinguished Lecture In Law: The Values Of Federalism, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Too Many And Yet Too Few: New Principles To Define The Proper Limits For Federal Criminal Jurisdiction, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray

Other Publications

The objective of this portion of our conference on judicial reform is to discuss means to promote swift and fair resolution of disputes. Although much of our discussion will center on reform of basic court systems and civil procedure in various countries, my particular focus is on alternatives to traditional institutions and techniques. These alternatives include a variety of what we might call "courtannexed" procedures, that is, procedures that occur during the course of traditional litigation. I will also consider, however, other procedures that might better be characterized as purely "private" techniques for resolving disputes—those that occur before or at …

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.

General Legislation, E. D'Angelo, S. Barrow

California Regulatory Law Reporter

No abstract provided.

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill

Dalhousie Law Journal

Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …

Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley

Dalhousie Law Journal

Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This …

The Revival Of Tort Theory In Canada, Jamie Cassels

Dalhousie Law Journal

Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and …

The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

95 pages (includes illustrations and maps).

General Legislation, S. Barrow, E. D'Angelo

California Regulatory Law Reporter

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

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 …

"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman

Dalhousie Law Journal

While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …

Social Welfare And Section 7 Of The Charter: Conrad V. Halifax (County Of), Teresa Scassa

Dalhousie Law Journal

The recent case of Conrad v. Halifax (County of) arose as as. 7 Charter challenge to the County regarding the manner in which the plaintiff was treated as a recipient of municipal social assistance. The case raises a number of interesting issues at the intersection of the Charter and administrative law including the scope of the right to "security of the person"; the scope of the principles of fundamental justice; issues of access to justice and the Charter; and the relationship between the finding of a Charter right and the treatment of the plaintiff in the fact-finding process. This case …

Testimonial Dinner: Hon. Warren E. Zittell, Columbia County Judge, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

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.

General Legislation, S. Barrow, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

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

Publications

No abstract provided.

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

Touro Law Review

No abstract provided.

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

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

Touro Law Review

No abstract provided.