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Articles 1 - 30 of 60
Full-Text Articles in Civil Procedure
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine
Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine
Samuel J. Levine
This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that courts have both the authority and the ability to exercise effective disciplinary review of charging decisions through the adoption of ethics rules and their enforcement in the disciplinary process. This Essay takes the next step in the project, considering the nature of rules that courts might adopt, by exploring potential rules targeting two improprieties: arbitrary and capricious charging decisions, and discriminatory charging decisions.
Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon
Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon
Randy D. Gordon
To recover in a private action, the three-part structure of RICO demands proof of particularized crimes at two levels and civil standing to sue for those crimes. The interpretation and application of the standing requirement — which arises from the statute’s mandate that compensable injuries be caused “by reason of” acts of racketeering — have bedeviled courts and litigants for decades. Recent developments in class action law have exacerbated the problem. As more and more courts have rendered it nearly impossible to certify classes asserting state-law claims, class plaintiffs have turned to uniform federal laws like RICO. But civil RICO …
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Erwin Chemerinsky
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Joelle A. Moreno
No abstract provided.
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Robert Bloom
No abstract provided.
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Robert Bloom
No abstract provided.
Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom
Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom
Robert Bloom
No abstract provided.
Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin
Robert Bloom
No abstract provided.
Cases On Criminal Procedure, Robert Bloom
Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom
Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom
Robert Bloom
No abstract provided.
Drug Testing In Public Schools, Robert Bloom
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Robert Bloom
No abstract provided.
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
Robert Bloom
No abstract provided.
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Robert Bloom
No abstract provided.
American Legal Education, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Robert Bloom
No abstract provided.
Jailhouse Informants, Robert M. Bloom
Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom
Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom
Robert Bloom
No abstract provided.
Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom
Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom
Robert Bloom
Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Robert Bloom
No abstract provided.
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
Robert Bloom
No abstract provided.
Jury Trial In Japan, Robert Bloom
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Robert Bloom
No abstract provided.