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Full-Text Articles in Law

Delegation And Judicial Review, Thomas W. Merrill Jan 2010

Delegation And Judicial Review, Thomas W. Merrill

Faculty Scholarship Series

One of the subthemes in the delegation debate concerns the
importance of judicial review. The Supreme Court has often
upheld broad delegations to administrative actors and in so
doing has pointed out that judicial review is available to safeguard
citizens from the abuse of unconstrained government
power. Broad delegations of power to executive actors are
constitutionally permissible, the Court has suggested, in significant
part because courts stand ready to assure citizens that
the executive will discharge its discretion in a manner consistent
with Congress's mandate and in a fashion that otherwise
satisfies the requirements of reasoned decision making.


Globalizing Commercial Litigation, Jens C. Dammann, Henry B. Hansmann Mar 2008

Globalizing Commercial Litigation, Jens C. Dammann, Henry B. Hansmann

Faculty Scholarship Series

The world’s nations vary widely in the quality of their judicial systems. In some jurisdictions, the courts resolve commercial disputes quickly, fairly, and economically. In others, they are slow, inefficient, incompetent, biased, or corrupt. These differences are important not just for litigants, but for nations as a whole: effective courts are important for economic development. A natural implication is that countries with underperforming judiciaries should reform their courts. Yet reform is both difficult and slow. Another way to deal with a dysfunctional court system is for litigants from afflicted nations to have their commercial disputes adjudicated in the courts ...


Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Christopher N. Lasch, Giovanna Shay Feb 2008

Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Christopher N. Lasch, Giovanna Shay

Faculty Scholarship Series

The Anti-Terrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner’s petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, we assess this provision’s impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a “dialogue” (as described by Robert M. Cover and T. Alexander Aleinikoff ...


Extraterritorial Courts For Corporate Law, Henry B. Hansmann Aug 2005

Extraterritorial Courts For Corporate Law, Henry B. Hansmann

Faculty Scholarship Series

A central goal in devising a system of courts is to make judicial services easily accessible. As a consequence, justice is usually administered in a geographically decentralized fashion: trial courts are distributed across the territory in which the jurisdiction’s law is applied. Corporate law, however, does not fit this pattern: courts are often located far away from the companies subject to their jurisdiction. In particular, Delaware law governs most publicly-traded firms in the U.S., and is now extending its reach to encompass corporations headquartered around the globe. But Delaware courts are located only in Delaware. Consequently, there is ...


Accommodating Linguistic Difference: Toward A Comprehensive Theory Of Language Rights In The United States, Cristina M. Rodríguez Jan 2001

Accommodating Linguistic Difference: Toward A Comprehensive Theory Of Language Rights In The United States, Cristina M. Rodríguez

Faculty Scholarship Series

In Henzdndez v. New York,' the Supreme Court held that prosecutors
may strike potential jurors from the venire on the basis of their ability to
speak a language other than English. Courts have consistently treated biand
multilingualism as reasonable grounds for excluding individuals
from participation in an institution long considered to be a fundamental
site of civic engagement. Courts seem to fear that bilingual jurors will
disrupt jury deliberations that are carefully cabined by legal procedures,
which include court-sponsored translations of foreign-language testimony.
The Henzdndez Court, despite its deference to the prosecutors,
complicated the issue in its plurality opinion by ...


Judge Weinfeld And The Adjudicatory Process: A Law Finder In An Age Of Judicial Lawmakers, William E. Nelson Jan 1975

Judge Weinfeld And The Adjudicatory Process: A Law Finder In An Age Of Judicial Lawmakers, William E. Nelson

Faculty Scholarship Series

In his 25 years on the bench, Edward Weinfeld has attained a
nationwide reputation as an outstanding member of the federal
judiciary. Judge Weinfeld's reputation is based, in part, upon his
longstanding efforts to foster social justice and upon the new law
that those efforts have produced. As the other tributes will show,
the Judge's opinions have made much new law; very few other
district judges have been as innovative.
Judge Weinfeld has made his most important contributions in
the law of criminal procedure. Since the 1950's he has consistently
permitted criminal defendants to engage in broad ...


The Governor's Approval Of Legislation In Connecticut, Walter F. Dodd Jan 1929

The Governor's Approval Of Legislation In Connecticut, Walter F. Dodd

Faculty Scholarship Series

THE Supreme Court of Errors of Connecticut in the case of State v.
McCook, decided July 25, 1929, determined an important question as
to the time within which the governor may approve legislation in that
state. Article IV, § 12, of the constitution of Connecticut, framed in
1818, is, with verbal changes, and with differences of the period for
executive consideration and in legislative majorities, substantially the
same as the provision of the constitution of the United States with respect
to executive approval or disapproval of legislation.


Constitutional Problems Involved In The Mccook Case, Walter F. Dodd Jan 1929

Constitutional Problems Involved In The Mccook Case, Walter F. Dodd

Faculty Scholarship Series

The Supreme Court of Errors of Connecticut in the case of
State v. McCook, decided July 25, 1929, determined an important
question as to the time within which the governor may approve
legislation in this State. Article IV, sec. 12 of the constitution
of Connecticut, framed in 1818, is, with verbal changes, and
with differences of the period for executive consideration and
in legislative majorities, substantially the same as the provision
of the constitution of the United States with respect to executive
approval or disapproval of legislation.


Notes On Judicial Organization And Procedure, Walter F. Dodd Jan 1928

Notes On Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

The Judicial Council Movement. Woodrow Wilson wrote that no
government is better than its courts, to which ex-President Taft replied
that our judicial failure has been more outstanding than our failure in
municipal government. The task of making our courts as efficient as
possible is thus both an important and an urgent one.
Many factors have contributed to the present charges of inefficiency,
but none perhaps of greater weight than that of delay. This has been
particularly true of the larger cities, with their principal trial courts
as much as two years behind in their work. The jury system, both ...


The Duty Problem In Negligence Cases, Leon Green Jan 1928

The Duty Problem In Negligence Cases, Leon Green

Faculty Scholarship Series

The undertaking to restate the rules and principles developed by the
English and American courts finds'in the field of torts a most hopeless
task. A loose classification permits an infinite variety of types of conduct
to be classed as torts. The rules, for most part, which govern these
cases are still liquid. Only the types of conduct which are also designated
crimes can be said to be subject to crystallized rules of tort law. Even
here the definiteness and certainty ordinarily assumed are illusory. If
this bulk of law has not yet been crystallized by the judicial process.
in ...