Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson Oct 1998

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.


The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke Oct 1998

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and ...


Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English Oct 1998

Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English

Dalhousie Law Journal

In September 1788 a court found 114 men guilty of riotous assembly in the district of Ferryland the previous winter. This event is remarkable for the number involved (45% of the adult male population of the district); for the number of charges (21% of all civil and criminal actions heard in the district's courts over the next 25 years); for the absence of damage to property; and for the severity of the sentences, which included loss of wages, flogging, transportation and banishment. These proceedings occurred in a community where *the majority (Irish planters, fishermen and apprentices) were socially distinct ...


Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts Sep 1998

Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts

International Law Studies

No abstract provided.


On Not Making Law, Mitu Gulati, C. M. A. Mccauliff Jul 1998

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff

Law and Contemporary Problems

Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.


Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.


Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington Jul 1998

Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington

Law and Contemporary Problems

Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.


Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins Apr 1998

Reputational Review I: Expertise, Bias And Delay, Robert E. Hawkins

Dalhousie Law Journal

Expertise, bias and delay arguments are shifting the focus of judicial review from the legality of administrative decisions to the reputation of administrative decision- makers. These grounds measure the skill, objectivity and efficiency characteristics that define administrators' reputations. They make it possible for courts to consider these reputations, even if only by way of unarticulated judicial notice, when deciding judicial review applications. After setting out the theory of expertise, bias and delay implicit in recent Supreme Court of Canada decisions, the author concludes that courts must use less impressionistic measures in judging these concepts, lawyers must present more concrete reputational ...


No Dichotomies: Reflections On Equality For African Canadians In R. V. R.D.S., April Burney Apr 1998

No Dichotomies: Reflections On Equality For African Canadians In R. V. R.D.S., April Burney

Dalhousie Law Journal

The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.


Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt Jan 1998

Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt

Washington University Law Review

Part I of this Article briefly summarizes the history of rehabilitative penal practice in the United States during the twentieth century. The discussion pays special attention to the sustained critique of the rehabilitative ideal offered by left-liberal commentators twenty-five to thirty years ago. The discussion analyzes particular shortcomings that plagued corrections practices at this earlier juncture and explores the relevance of that history to today's drug treatment courts. Part II builds on the observation of the left-liberal critics that rehabilitative penal regimes, by blending punitive and therapeutic impulses, often seek to accomplish incompatible goals. This Part suggests that this ...


Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee Jan 1998

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee

Vanderbilt Law Review

The Anti-Terrorism and Effective Death Penalty Act of 1996 made wholesale changes to the federal habeas corpus statute. In particular, the statute contains a new section 2254(d), which controls the standards that federal habeas courts must employ when reviewing state convictions. This new provision governing the standards of review applies generally to petitions filed after April 24, 1996, the effective date of the Act. The provision's text, however, is critically ambiguous in several respects. Because most of the federal circuit courts of appeal have not yet settled even basic interpretive questions about section 2254(d), federal district courts ...


When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons Jan 1998

When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons

Touro Law Review

No abstract provided.