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2013

Discipline
Institution
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Publication

Articles 271 - 295 of 295

Full-Text Articles in Judges

The Property Jurisprudence Of Justice Kennedy, John G. Sprankling Jan 2013

The Property Jurisprudence Of Justice Kennedy, John G. Sprankling

McGeorge Law Review

No abstract provided.


There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey Jan 2013

There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs Jan 2013

Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso Jan 2013

Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso

McGeorge Law Review

No abstract provided.


The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter Jan 2013

The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas Jan 2013

Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas

McGeorge Law Review

No abstract provided.


Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar Jan 2013

Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar

McGeorge Law Review

No abstract provided.


Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg Jan 2013

Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg

McGeorge Law Review

No abstract provided.


Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra Jan 2013

Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra

Florida A & M University Law Review

Although having a diverse bench is instrumental to a fair judicial system, the first Mexican American was not appointed to the federal bench until 1961. In that year, President John F. Kennedy appointed Reynaldo G. Garza, to the U.S. federal bench as a district court judge. Judge Garza hoped that by becoming an "effective jurist" he would quell any scrutiny over his appointment and, moreover, "encourage [the] appointment of other qualified Mexican Americans to the federal bench." Judge Garza was the only Latino appointed to the federal bench until 1979 when President Jimmy Carter appointed several Latinos to the bench, …


Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address], W. Louis Sands Jan 2013

Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address], W. Louis Sands

Duquesne Law Review

No abstract provided.


"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, Anil Kalhan Jan 2013

"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, Anil Kalhan

Vanderbilt Journal of Transnational Law

Many countries exist in a "gray zone" between authoritarianism and democracy. For countries in this conceptual space--which is particularly relevant today given the halting path of change in the Arab world--scholars, judges, and rule of law activists conventionally urge an abstract notion of' judicial independence" as a prerequisite for successful democratic transition. Only recently, for example, Pakistan's judiciary was widely lauded for its "independence" in challenging the military regime. However, judicial independence is neither an all-or-nothing concept nor an end in itself. With the return of civilian rule in Pakistan, a series of clashes between Parliament and the Supreme Court …


President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein Jan 2013

President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein

NYLS Law Review

No abstract provided.


Speech, Brian S. Harvey Jan 2013

Speech, Brian S. Harvey

Journal of Business & Technology Law

No abstract provided.


Issue 2: Table Of Contents Jan 2013

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.


A Tale Of Two Dauberts, Julie A. Seaman Jan 2013

A Tale Of Two Dauberts, Julie A. Seaman

Georgia Law Review

Under the Federal Rules of Evidence and Supreme
Court precedent, a single standard ostensibly governs the
admissibility of scientific and other expert evidence in
criminal and civil cases. Although Georgia has recently
become the forty-fourth state to adopt the Federal Rules of
Evidence, it has declined to adopt Daubert for criminal
cases and has retained the prior, more lenient, standard.
While many commentators view this approach as perverse,
this Article considers the possible virtues not only of
explicitly applying a separate rule to scientific evidence in
criminal cases but also of applying a less stringent rule to
such evidence. Based …


Two Great Leaders, L.A. Powe Jr. Jan 2013

Two Great Leaders, L.A. Powe Jr.

NYLS Law Review

No abstract provided.


The Epistemological Trend In The Evolution Of The Law Of Expert Testimony: A Scrutiny At Once Broader, Narrower, And Deeper, Edward J. Imwinkelried Jan 2013

The Epistemological Trend In The Evolution Of The Law Of Expert Testimony: A Scrutiny At Once Broader, Narrower, And Deeper, Edward J. Imwinkelried

Georgia Law Review

The thesis of this Article is that we are moving toward a
fundamentally epistemological approach to determining
the admissibility of expert testimony. The first part of the
Article notes that while many Frye jurisdictions exempted
soft science and nonscientific expertise, the Daubert line of
authority mandates that like an epistemologist, a trial
judge examine knowledge claims by any expert. The
second part addresses the question of the breadth of the
judge's analysis. The second part points out that under

the marketplace and general acceptance tests, courts
sometimes conducted a global analysis and inquired
generally whether the discipline itself was recognized …


The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux Jan 2013

The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux

NYLS Law Review

No abstract provided.


Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue Jan 2013

Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue

NYLS Law Review

No abstract provided.


The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois, John Christopher Anderson Jan 2013

The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois, John Christopher Anderson

Loyola University Chicago Law Journal

No abstract provided.


Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann Jan 2013

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Loyola University Chicago Law Journal

No abstract provided.


Justice Holmes's Bad Man And The Depleted Purposes Of Punitive Damages, Jill Wieber Lens Jan 2013

Justice Holmes's Bad Man And The Depleted Purposes Of Punitive Damages, Jill Wieber Lens

Kentucky Law Journal

No abstract provided.


Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin Jan 2013

Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin

NYLS Law Review

No abstract provided.


Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence, Elizabeth Rindskopf Parker Jan 2013

Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence, Elizabeth Rindskopf Parker

McGeorge Law Review

No abstract provided.


Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett Jan 2013

Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett

NYLS Law Review

No abstract provided.