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Articles 31 - 60 of 376
Full-Text Articles in Law
Judicial Lobbying, Jonas Anderson
Judicial Lobbying, Jonas Anderson
J. Jonas Anderson
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Sungjoon Cho
The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan
The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan
Robert Kagan
No abstract provided.
Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown
Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown
David C. Brown
What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …
In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner
In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner
Robert MacCoun
Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …
China's Judicial System And Judicial Reform, Nicholas Howson
China's Judicial System And Judicial Reform, Nicholas Howson
Nicholas Howson
The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …
The Role Of Courts In Improving The Legislative Process, Ittai Bar-Siman-Tov
The Role Of Courts In Improving The Legislative Process, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
Hollow Hopes, Flypaper, And Metaphors, Malcolm M. Feeley
Hollow Hopes, Flypaper, And Metaphors, Malcolm M. Feeley
Malcolm Feeley
No abstract provided.
Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley
Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley
Malcolm Feeley
Systematic studies of the administration of justice in the United States have stressed either the rational-goal model or the functional-systems model. The former model emphasizes problems with the justice system's formal rules of operation and appears to be the dominant view of appellate judges, lawyers, and law students, while the latter model is concerned with the identification and adaptation of action to the environment and the interests of action within the system.
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf
Michael A Wolf
The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. Given this new juris-political reality, it is more important than ever that local government officials--who are often (though, certainly, not always justifiably) viewed …
Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol
Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol
D. Daniel Sokol
This essay examines Herbert Hovenkamp's influence in antitrust law and policy in the courts. This essay focuses its attention primarily with the Treatise and primarily in the area of merger law – procedural with issues of antitrust injury and substantively with merger efficiencies. The essay provides a case count citation analysis of Hovenkamp's scholarship and compares Hovenkamp to other major figures in antitrust scholarship (Bork and Posner) and to the other antitrust treatises (Kintner and Sullivan) in the courts. Our meta-level findings show that Hovenkamp is far more cited than other treatise writers or scholars who have been recognized for …
Book Review: Justice In Robes By Ronald Dworkin (2006), Dan Priel
Book Review: Justice In Robes By Ronald Dworkin (2006), Dan Priel
Dan Priel
Since the 1960's Ronald Dworkin has been arguing for a particular account of law that he believed was both explanatorily superior to the one offered by competing theories, and also the basis for normative arguments for producing right answers to legal questions. Justice in Robes collects Dworkin's most recent essays on this subject and thus provides the appropriate opportunity for assessing the legal theory of one of the more influential legal philosophers. In this Review I seek to offer a clearer account than appears in the book itself of Dworkin's project, and in this way offer a measured assessment of …
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
Laura K. Ray
No abstract provided.
Participation, Responsiveness, And The Consultative Process: An Essay For Lon Fuller, Melvin Aron Eisenberg
Participation, Responsiveness, And The Consultative Process: An Essay For Lon Fuller, Melvin Aron Eisenberg
Melvin A. Eisenberg
In this essay, Professor Eisenberg identifies three norms of the adjudicative process put forth by Professor Fuller in The Forms and Limits of Adjudication--attention by the decision-maker, explanation of the decision, and responsiveness of the decision to the parties' proofs and arguments. Professor Eisenberg argues that there is a form of social ordering which, like adjudication, is characterized by assured participation, but which does not require that the decision be responsive to the parties' proofs and arguments. He explores some of the current and potential applications of this form of social ordering, which he terms the Consultative Process. He goes …
Impartiality And Independence: Misunderstood Cousins, James E. Moliterno
Impartiality And Independence: Misunderstood Cousins, James E. Moliterno
James E. Moliterno
No abstract provided.
The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate
The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate
Manoj S. Mate
The Procedural Fortress Of Us Immigration Law, Jill Family
The Procedural Fortress Of Us Immigration Law, Jill Family
Jill E. Family
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen
Mathilde Cohen
Cheating Marriage: A Tragedy In Three Acts, John C. Eastman
Cheating Marriage: A Tragedy In Three Acts, John C. Eastman
John C. Eastman
In his dissenting opinion in United States v. Windsor, Justice Scalia accused the Court of “cheating,” because it decided an issue that properly belonged to the voters. But the cheating that went on in the case, and the parallel case involving Proposition 8 in California, was also of the vintage variety. This article tells the largely untold story about the many machinations by elected officials and judges to produce the end result in favor of same-sex marriage, from conflicts of interest, to collusion by nominally “opposing” counsel, and finally to an aggressive refusal by high-ranking government lawyers (including one who …
Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder
Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder
Nancy S. Marder
No abstract provided.
Talking Points, Alex Stein, Jef De Mot
Talking Points, Alex Stein, Jef De Mot
Alex Stein
Our civil liability system affords numerous defenses against every single violation of the law. Against every single claim raised by the plaintiff, the defendant can assert two or more defenses each of which gives him an opportunity to win the case. As a result, when a court erroneously strikes out a meritorious defense, it might still keep the defendant out of harm’s way by granting him another defense. Rightful plaintiffs, on the other hand, must convince the court to deny each and every defense asserted by the defendant. Any rate of adjudicative errors—random and completely unbiased—consequently increases the prospect of …
The New Doctrinalism: Implications For Evidence Theory, Alex Stein
The New Doctrinalism: Implications For Evidence Theory, Alex Stein
Alex Stein
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three principles explain and justify all admissibility and sufficiency requirements of the law of evidence. The case-specificity principle requires that factfinders base their decisions on the relative plausibility of the stories describing the parties’ entitlement–accountability relationship. The cost-minimization principle demands that factfinders minimize the cost of errors and the cost of avoiding errors as a total sum. The equal-best principle mandates that factfinders afford every person the maximal feasible protection against risk of error while equalizing that protection across the board. …
Catalogs, Alex Stein, Gideon Parchomovsky
Catalogs, Alex Stein, Gideon Parchomovsky
Alex Stein
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become a …
Atlantic Marine And The Future Of Party Preference, Scott Dodson
Atlantic Marine And The Future Of Party Preference, Scott Dodson
Scott Dodson
In Atlantic Marine, the U.S. Supreme Court held that a prelitigation forum-selection agreement does not make an otherwise proper venue improper. Prominent civil procedure scholars have questioned the wisdom and accuracy of this holding. This paper is derived from my presentation at the symposium on Atlantic Marine held at UC Hastings College of the Law on September 19, 2014. In this paper, I defend Atlantic Marine as essentially correct based on what I have elsewhere called the principle of party subordinance. I go further, however, to argue that the principle underlying Atlantic Marine could affect the widespread private market for …
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate
Manoj S. Mate
Xenophilia Or Xenophobia In American Courts? Before And After 9/11, Kevin M. Clermont, Theodore Eisenberg
Xenophilia Or Xenophobia In American Courts? Before And After 9/11, Kevin M. Clermont, Theodore Eisenberg
Kevin M. Clermont
This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners' aversion to U.S. forums can elevate the foreigners' success rates, when measured as a percentage of …
National Interests, Foreign Injuries, And Federal Forum Non Conveniens, Elizabeth Lear
National Interests, Foreign Injuries, And Federal Forum Non Conveniens, Elizabeth Lear
Elizabeth T Lear
This Article argues that the federal forum non conveniens doctrine subverts critical national interests in international torts cases. For over a quarter century, federal judges have assumed that foreign injury cases, particularly those filed by foreign plaintiffs, are best litigated abroad. This assumption is incorrect. Foreign injuries caused by multinational corporations who tap the American market implicate significant national interests in compensation and/or deterrence. Federal judges approach the forum non conveniens decision as if it were a species of choice of law, as opposed to a choice of forum question. Analyzing the cases from an adjudicatory perspective reveals that in …
Congress, The Federal Courts, And Forum Non Conveniens: Friction On The Frontier Of The Inherent Power, Elizabeth T. Lear
Congress, The Federal Courts, And Forum Non Conveniens: Friction On The Frontier Of The Inherent Power, Elizabeth T. Lear
Elizabeth T Lear
The federal forum non conveniens regime has many flaws; its most serious, however, is its lack of constitutional support. Founded upon the inherent authority of Article III, the forum non conveniens doctrine is an outlier, residing in the area over which Congress retains plenary control. The Court has long treated the forum non conveniens dismissal power as the norm against which Congress legislates. This Article argues that the time has come to reconsider this interpretive approach. In the case of peripheral inherent power rules like forum non conveniens, the prevailing presumption should be reversed. The Court, rather than Congress, should …
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Jonathan Yu
No abstract provided.
Auctioning Class Settlements, Jay Tidmarsh
Auctioning Class Settlements, Jay Tidmarsh
Jay Tidmarsh
Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals. This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea …