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Articles 1 - 30 of 264
Full-Text Articles in Courts
Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah
Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah
Articles
The purpose of this article is to try to place the debate about Cuno v. DaimlerChrysler in a broader perspective by connecting it with the overall discussion of harmful tax competition. It discusses two hypothetical scenarios under which the city of Toledo, Ohio, is (a) a separate country and (b) a member state of the European Union. If the first hypothetical were true, the tax incentives offered by Toledo would violate the rules of the World Trade Organization; if the second hypothetical were true, the tax incentives would also violate the Treaty of Rome, as interpreted by the European Court …
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …
Hearing On Merger Enforcement, Panel On Treatment Of Efficiencies Antitrust Modernization Commission, Jonathan Baker
Hearing On Merger Enforcement, Panel On Treatment Of Efficiencies Antitrust Modernization Commission, Jonathan Baker
Congressional and Other Testimony
No abstract provided.
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble:" A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N. C. Smalkin
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble:" A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N. C. Smalkin
Faculty Scholarship
Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge William Young of the United States District Court for the District of Massachusetts, writing in the Federal Lawyer, pointed out that jury trials in federal civil cases declined 26% in the decade between 1989 and 1999, which he attributed to four factors: the district court judiciary’s “loss of focus” on the core function of trying jury cases; the business community’s loss of interest in jury adjudication (“opting out of the legal system altogether” in favor of arbitration); Congress’s “marginalizing the district court judiciary”; and …
Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass
Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass
Law Faculty Publications
The Court's fragmentary approach has taken pieces of the Sixth Amendment and applied them to pieces of the capital sentencing process. The author contends that the whole of the Sixth Amendment applies to the whole of a capital case, whether the issue is guilt, death eligibility, or the final selection of who lives and who dies. In capital cases, there is one Sixth Amendment world, not two. In this Article, he argues for a unified theory of Sixth Amendment rights to govern the whole of a capital case. Because both Williams and the Apprendi-Ring-Booker line of cases purport to rest …
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
San Diego International Law Journal
In a quick search for cases involving foreign law that have been decided by California courts over the last two years, the results were not surprising: 100 cases were governed by Mexican law, 57 by Canadian law, 29 by Japanese law, 28 by German law, and 12 by Chinese law. I would like to pose two ideas before this learned audience: first, that becoming familiar with foreign law is a practical, intriguing and beneficial exercise for California judges and for American judges at large. And second, that Mexican law represents an emerging and a very large component of foreign law …
Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak
Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak
Conferences and Symposia to 2010
During the daylong conference, judges, lawyers and members of the news media debated the professional and moral consequences of discussing legal cases with the media.
Acknowledgments, R. Kennon Poteat
Acknowledgments, R. Kennon Poteat
University of Richmond Law Review
No abstract provided.
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
University of Richmond Law Review
No abstract provided.
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
University of Richmond Law Review
No abstract provided.
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Health Courts: Panacea Or Palliative?, Carl W. Tobias
Health Courts: Panacea Or Palliative?, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Tribute To John Pickering, William J. Perlstein
Tribute To John Pickering, William J. Perlstein
Michigan Law Review
One of my colleagues asked me soon after John died, "How could someone live to be eighty-nine years old and yet there is no one who had a bad word to say about him?" This is an intriguing question. It is not because John Pickering did not have strongly held views about things. Anyone who ever tangled with John in crafting a brief knew how tenacious he was. John was direct and candid and you knew where he stood on any matter. It is not because John was easygoing. When he saw something that he wanted changed, he did not …
Examination Of The Constitutional Amendment On Marriage: Hearing Before The Subcomm. On The Constitution, Civil Rights, And Property Rights Of The S. Comm. On The Judiciary, 109th Cong., Oct. 20, 2005 (Statement Of Professor Louis Michael Seidman, Geo. U. L. Center), Louis Michael Seidman
Testimony Before Congress
No abstract provided.
Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May
Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May
The Journal of Appellate Practice and Process
No abstract provided.
Preface, David C. Frederick
Preface, David C. Frederick
The Journal of Appellate Practice and Process
No abstract provided.
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
The Journal of Appellate Practice and Process
No abstract provided.
American State Appellate Court Technology Diffusion, Roger A. Hanson
American State Appellate Court Technology Diffusion, Roger A. Hanson
The Journal of Appellate Practice and Process
No abstract provided.
Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty
Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty
The Journal of Appellate Practice and Process
No abstract provided.
Howerton V. Arai Helmet, Ltd. Last Dance With The Daubert-Kumho Decisions: One Step Forward From Two Steps Back, Lisa Alumbaugh Kamarchik
Howerton V. Arai Helmet, Ltd. Last Dance With The Daubert-Kumho Decisions: One Step Forward From Two Steps Back, Lisa Alumbaugh Kamarchik
North Carolina Central Law Review
No abstract provided.
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Faculty Publications
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy. …
Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence
Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence
Sociology & Criminal Justice Theses & Dissertations
This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …
Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan
Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
A Prudential Exercise: Abstention And The Probate Exception To Federal Diversity Jurisdiction, Christian J. Grostic
A Prudential Exercise: Abstention And The Probate Exception To Federal Diversity Jurisdiction, Christian J. Grostic
Michigan Law Review
Ann-Marie Brege's parents established an irrevocable trust in 1985, with Ann-Marie as sole beneficiary. When Merrill Lynch Trust Co. took over as trustee years later, however, the trust's principal dropped sharply, losing over half its value in just a few years. Ann-Marie sued in Michigan probate court, alleging that Merrill Lynch had violated its legal duties in administering the trust. Since Ann-Marie was from New York and Merrill Lynch had its headquarters in New Jersey, Merrill Lynch had an apparently easy argument for diversity jurisdiction. In an unremarkable turn of events, Merrill Lynch filed a notice of removal to federal …
Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour
Pediatric Use Of Complementary Therapies: Ethical And Policy Choices, Dean M. Hashimoto, Michael H. Cohen, Kathi J. Kemper, Laura Stevens, Joan Gilmour
Dean M. Hashimoto
Objective: Many pediatricians and parents are beginning to integrate use of complementary and alternative medical (CAM) therapies with conventional care. This article addresses ethical and policy issues involving parental choices of CAM therapies for their children.
Methods: We conducted a literature search to assess existing law involving parental choice of CAM therapies for their children. We also selected a convenience sample of 18 states of varying sizes and geographic locations. In each state, we inquired within the Department of Health and Human Services whether staff were aware of (1) any internal policies concerning these issues or (2) any cases in …
Supreme Court Nomination John G. Roberts: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman
Testimony Before Congress
No abstract provided.
Casenote: Killing Life Partners: Why Viatical Settlements Constitute Securities – In Light Of The Sec V. Mutual Benefits Corporation And Other Recent Cases Explicitly Rejecting Life Partners, Brian Levin
ExpressO
No abstract provided.