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2008

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Articles 1 - 30 of 74

Full-Text Articles in Courts

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May Dec 2008

Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May

University of the District of Columbia Law Review

Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …


A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize Dec 2008

A Thirty-Year Retrospective. Comments Of The Honorable Gregory E. Mize (Ret.), Gregory E. Mize

University of the District of Columbia Law Review

No abstract provided.


Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller Dec 2008

Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller

University of the District of Columbia Law Review

Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …


The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum Dec 2008

The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum

University of the District of Columbia Law Review

No abstract provided.


Comments On Who Appoints D.C. Judges, Daniel A. Rezneck Dec 2008

Comments On Who Appoints D.C. Judges, Daniel A. Rezneck

University of the District of Columbia Law Review

No abstract provided.


Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton Dec 2008

Keynote Address Of Congresswoman Eleanor Holmes Norton, Eleanor Holmes Norton

University of the District of Columbia Law Review

No abstract provided.


The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy Dec 2008

The District Of Columbia's Judicial Selection Process: The Good, The Bad, And The Ugly, Patricia M. Worthy

University of the District of Columbia Law Review

No abstract provided.


Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen Dec 2008

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen

Research Collection Yong Pung How School Of Law

The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …


El Fallo Ate Y Sus Circunstancias (Elementos Para Su Estudio), Horacio M. Lynch Nov 2008

El Fallo Ate Y Sus Circunstancias (Elementos Para Su Estudio), Horacio M. Lynch

Horacio M. LYNCH

Estudio sobre el histórico fallo de la Corte Suprema sobre la libertad sindical (el fallo ATE).


Issue 1: Table Of Contents Nov 2008

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.


Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz Nov 2008

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz

Michigan Law Review

This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …


Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams Oct 2008

Solidifying Judicial Discretion Through Statutory Interpretation: The Implications Of United States V. Nelson On Criminal Sentencing, Tashama Williams

North Carolina Central Law Review

No abstract provided.


Limiting The Federal Pardon Power, Kristen H. Fowler Oct 2008

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.


Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas Oct 2008

Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The Supreme Common Law Court Of The United States, Jack M. Beermann Oct 2008

The Supreme Common Law Court Of The United States, Jack M. Beermann

Faculty Scholarship

The U.S. Supreme Court's primary role in the history of the United States, especially in constitutional cases (and cases hovering in the universe of the Constitution), has been to limit Congress's ability to redefine and redistribute rights in a direction most people would characterize as liberal. In other words, the Supreme Court, for most of the history of the United States since the adoption of the Constitution, has been a conservative force against change and redistribution. The Court has used five distinct devices to advance its control over the law. First, it has construed rights-creating constitutional provisions narrowly when those …


Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso Oct 2008

Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso

Sociology & Criminal Justice Theses & Dissertations

The development of the federal sentencing guidelines was made as an attempt to provide a uniform standard of sentencing procedure for defendants convicted within the federal legal system. Unfortunately, such unvarying policy has over the years birthed a system of sentencing that lacks equality among like defendants. The Supreme Court, in 2005, ruled that the sentencing guidelines were no longer to be compulsory during sentencing procedures, but rather act as an ancillary tool. The present study examines multiple legal and extra-legal variables and their influence on two aspects of imprisonment probability for federal drug offenders for the years of 1999-2006: …


[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox Jul 2008

[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen Jul 2008

Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen

University of Arkansas at Little Rock Law Review

No abstract provided.


The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray Jul 2008

The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray

Indiana Law Journal

No abstract provided.


Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson Jul 2008

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.


Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith Jul 2008

Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth Jul 2008

Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.


The Oklahoma Court System And The Role Of Judges, Mary Sue Backus Jun 2008

The Oklahoma Court System And The Role Of Judges, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer Jun 2008

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Faculty Scholarship

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …


A Rodent In Robes, Donald E. Wilkes Jr. May 2008

A Rodent In Robes, Donald E. Wilkes Jr.

Popular Media

Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …


Issue 5: Table Of Contents May 2008

Issue 5: Table Of Contents

University of Richmond Law Review

No abstract provided.


Author Index May 2008

Author Index

University of Richmond Law Review

No abstract provided.


Case Index May 2008

Case Index

University of Richmond Law Review

No abstract provided.


Subject Index May 2008

Subject Index

University of Richmond Law Review

No abstract provided.


Title Index May 2008

Title Index

University of Richmond Law Review

No abstract provided.