Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 10 USC §§ 801-946 (1)
- Administrative law (1)
- Agency (1)
- Air Force law (1)
- Ambiguity (1)
-
- Amendment (1)
- Armed forces law (1)
- Army law (1)
- Article 104 (1)
- Article 105a (1)
- Article 106 (1)
- Article 106a (1)
- Article 107 (1)
- Article 107a (1)
- Article 109a (1)
- Article 110 (1)
- Article 111 (1)
- Article 112 (1)
- Article 113 (1)
- Article 114 (1)
- Article 115 (1)
- Article 118 (1)
- Article 119b (1)
- Article 120 (1)
- Article 120a (1)
- Article 120b (1)
- Article 121a (1)
- Article 121b (1)
- Article 122 (1)
- Article 122a (1)
Articles 1 - 10 of 10
Full-Text Articles in Judges
Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.
Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.
Cleveland State Law Review
A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”
Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring confusion. …
How Big Money Ruined Public Life In Wisconsin, Lynn Adelman
How Big Money Ruined Public Life In Wisconsin, Lynn Adelman
Cleveland State Law Review
This Article discusses how Wisconsin fell from grace. Once a model good government state that pioneered many democracy-enhancing laws, in a very short time, Wisconsin became a state where special interest money, most of which is undisclosed, dominates politics. This Article identifies several factors as being critical to Wisconsin’s descent. These include the state’s failure to nurture and build on the campaign finance reforms enacted in the 1970s and both the state’s and the United States Supreme Court’s failure to adequately regulate sham issue ads. As evidence of Wisconsin’s diminished status, this Article describes how several of the state’s most …
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
Journal of Legislation
No abstract provided.
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
Journal of Legislation
No abstract provided.
Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer
Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer
Michigan Law Review
Scholars and judges have heralded corpus linguistics—the study of language through collections of spoken or written texts—as a novel tool for statutory interpretation that will help provide an answer in the occasionally ambiguous search for “ordinary meaning” using dictionaries. In the spring of 2016, the Michigan Supreme Court became the first to use corpus linguistics in a majority opinion. The dissent also used it, however, and the two opinions reached different conclusions. In the first true test for corpus linguistics, the answer seemed to be just as ambiguous as before.
This result calls into question the utility of corpus linguistics. …
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Maine Law Review
Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …
Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta
Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta
Fordham Law Review
A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person[s] admitted to conduct cases in any …
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
Journal of Legislation
No abstract provided.
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
St. Mary's Law Journal
The Uniform Code of Military Justice (UCMJ), 10 USC §§ 801-946, is the statutory template for the United States' military justice system. The UCMJ addresses topics such as court-martial jurisdiction, and pretrial, trial, and appellate procedures. It also includes punitive articles which proscribe, not only common law offenses, but also offenses unique to the military. Congress made significant changes to the UCMJ in the Military Justice Act of 2016. The legislation not only amended a significant number of existing articles, but also added many new articles. In addition, Congress completely reorganized the punitive articles. In this article, Professor Schlueter addresses …